EX PARTE ZIMMERMAN

No. 10093.

132 F.2d 442 (1942)

Ex parte ZIMMERMAN. ZIMMERMAN v. WALKER, Captain U. S. Army, Asst. Dist. Provost Marshal for Dist. of Hawaii.

Circuit Court of Appeals, Ninth Circuit.

December 14, 1942.


Attorney(s) appearing for the Case

Frank E. Thompson and Charles F. Parsons, both of Honolulu, T. H., and E. Coke Hill, of San Francisco, Cal., for appellant.

Charles Fahy, Sol. Gen., Dept. of Justice, and Mryon C. Cramer, Major General, The Judge Advocate General, U. S. Army, both of Washington, D. C. (Edward J. Ennis, Atty. War Division, Dept. of Justice, of New York City, Archibald King, Colonel, Judge Advocate General's Dept., U. S. Army, of Washington, D. C., Angus M. Taylor, Jr., U. S. Atty., and Jean Vaughn Gilbert, Asst. U. S. Atty., both of Honolulu, T. H., and Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., of counsel), for appellee.

A. L. Wirin, of Los Angeles, Cal. (Arthur Garfield Hays and Osmond K. Fraenkel, both of New York City, Wayne M. Collins, of San Francisco, Cal., Clarence E. Rust, of Oakland, Cal., and E. W. Camp and Fred Okrand, both of Los Angeles, Cal., of counsel), for American Civil Liberties Union as amicus curiae.

Earl Warren, Atty. Gen., State of California, and Herbert E. Wenig, Deputy Atty. Gen., for State of California, as amicus curiae.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The appeal is from a judgment of the United States District Court for the Territory of Hawaii denying a petition for a writ of habeas corpus.

Appellant is the wife of Hans Zimmerman. On February 19, 1942, she filed the petition on Zimmerman's behalf alleging that he is unlawfully detained and imprisoned by color of the authority of the United States in the custody of Captain Walker of the United States Army, Assistant Provost Marshal...

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