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GORDON v. WILLINGHAM

No. 385.

188 F.Supp. 2 (1960)

James GORDON and Edward L. Brown, Petitioners, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Lewisburg, Pennsylvania, Respondent.

United States District Court M. D. Pennsylvania.

October 20, 1960.

Attorney(s) appearing for the Case

Alfred Avins, Chicago, Ill., for petitioners.

James C. Waller, Major, JAGC, Thomas A. Ryan, Lieutenant Colonel, JAGC, Dept. of the Army, Washington, D. C., Daniel H. Jenkins, U. S. Atty., Phillip H. Williams, Asst. U. S. Atty., Scranton, Pa., for respondent.

FOLLMER, District Judge.

This petition for a writ of habeas corpus was filed seeking the release of the petitioners who are held by the respondent, by the authority of the United States, as prisoners pursuant to the sentence of a general court-martial following their conviction for the rape of a white fifteen year old German girl, one Erika Loos, in violation of the 120th Article, Uniform Code of Military Justice, 10 U.S.C. § 920, at Bamberg, Bavaria, Germany...

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