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JOHNSON v. BIDDLE

No. 7065.

12 F.2d 366 (1926)

JOHNSON v. BIDDLE, Warden.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1926.

Attorney(s) appearing for the Case

Anthony P. Nugent, of Kansas City, Mo., for appellant.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., and John N. Free, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellee.

Before SANBORN, Circuit Judge, and MUNGER and JOHNSON, District Judges.

MUNGER, District Judge.

Appellant presented to the trial court a petition for habeas corpus, alleging that he was unlawfully imprisoned. The court sustained a motion by the defendant for the dismissal of the petition, because of the insufficiency of its allegations (see Ex parte Johnson [D. C.] 3 F.2d 705), and this appeal was taken from that judgment. The petition shows that the petitioner is confined in the United States Penitentiary...

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