TACOMA v. HIATT

No. 13190.

184 F.2d 569 (1950)

TACOMA v. HIATT, Warden.

United States Court of Appeals Fifth Circuit.

October 20, 1950.


Attorney(s) appearing for the Case

No appearance entered on behalf of appellant.

J. Ellis Mundy, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.


PER CURIAM.

Alleging that he had applied for relief by motion as provided for in Sec. 2255, 28 U.S.C.A. that this motion had been denied, but that the proceeding, within the meaning of that section, was "inadequate [and] ineffective to test the legality of his detention", appellant, by petition for habeas corpus, sought release from confinement.

The district judge entertained the petition, and upon full hearing denied it, and this appeal followed.

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