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MASON v. ZERBST

No. 1094.

74 F.2d 920 (1935)

MASON v. ZERBST, Warden.

Circuit Court of Appeals, Tenth Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Harry C. Green, of Denver, Colo. (H. A. Russell, of Topeka, Kan., on the brief), for appellant.

S. S. Alexander and Dan B. Cowie, both of Topeka, Kan., for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

On January 23, 1934, Ben F. Mason, appellant, filed in the court below his petition praying that a writ of habeas corpus issue to appellee, warden of the United States Penitentiary at Leavenworth, directing him at a time to be stated to have the petitioner before the court and on hearing had that petitioner be discharged from said penitentiary. On March 10, 1934, the court made the following order:

"Now on this 10th day of March, A...

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