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IN RE VARNEY'S PETITION

No. 19257.

141 F.Supp. 190 (1956)

Matter of the Petition in Behalf of Louis B. VARNEY, Petitioner, For a Writ of Habeas Corpus. UNITED STATES of America ex rel. Tobias G. KLINGER, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS, Lompoc, California, Respondent.

United States District Court S. D. California, Central Division.

April 27, 1956.

Attorney(s) appearing for the Case

Tobias G. Klinger, Los Angeles, Cal., for petitioner.

Laughlin E. Waters, U. S. Atty., Max F. Deutz & Andrew J. Weisz, Asst. U. S. Attys., Los Angeles, Cal., James W. Booth, Lt. Col. United States Army Judge Advocate General's Corps., Washington, D. C., for respondent.

JAMES M. CARTER, District Judge.

This case raises the question of the right of the military to try in a military court in a foreign country, a civilian employee of the military.

The prisoner, Louis B. Varney, was employed as a Department of the Army civilian on 26 February 1952. Thereafter he was transported by the Army to Japan, where he arrived on 4 March 1952. He was assigned upon arrival to the Engineer Section...

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