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UNITED STATES v. MASON

232 F.Supp. 102 (1964)

UNITED STATES of America ex rel. Emilio MARTINEZ-ANGOSTO, Relator, v. Redfield MASON, Rear Admiral and Commandant of Third United States Naval District, 90 Church Street, New York, New York, or such person or persons, if any, who might have such Relator in custody, Respondent.

United States District Court S.D. New York.

July 15, 1964.

Attorney(s) appearing for the Case

Edith Lowenstein, New York City, Edward Q. Carr, Jr., New York City, of counsel, for relator.

Robert M. Morgenthau, U. S. Atty., by Roy Babitt, New York City, of counsel, for respondent.

EDELSTEIN, District Judge.

This is an application by relator, Emilio Martinez-Angosto, for a writ of habeas corpus. See 28 U.S.C. § 2243 (1952). The relator is a 23 year old alien, a native and citizen of Spain, and a member of the Spanish Navy. On or about November 25, 1960, the relator deserted the Spanish destroyer "ALCALA GALIANO" while in port in Philadelphia. The relator was subsequently apprehended by an officer of the Immigration and Naturalization Service...

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