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BENESCH v. UNDERWOOD

No. 9271.

132 F.2d 430 (1942)

BENESCH v. UNDERWOOD, Commander of Fort Thomas Military Post.

Circuit Court of Appeals, Sixth Circuit.

December 17, 1942.

Attorney(s) appearing for the Case

Victor F. Schmidt, of Middletown, Ohio (Edwin P. Drury, of Cincinnati, Ohio, on the brief), for appellant.

John T. Metcalf, of Lexington, Ky., and Major F. Cleveland Hedrick, Jr., of Washington, D. C. (Wendell Berge, Oscar A. Provost and Andrew F. Oehmann, all of Washington, D. C., on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the district court denying application for a writ of habeas corpus filed by an inducted soldier of the United States Army who deserted from the Army two days after his induction. At the time the answer of the appellee was filed, the appellant was confined in a Post Guardhouse at Fort Thomas, Kentucky, awaiting trial by a United States Army Court Martial. Judicial notice is taken, from admission at the bar of this court...

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