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MAHONEY v. JOHNSTON

No. 10682.

144 F.2d 663 (1944)

MAHONEY et al. v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

September 5, 1944.

Attorney(s) appearing for the Case

Harry Mahoney and Truman Mahoney, in pro. per., for appellants.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order of the district court dismissing appellants' petition below for a writ of habeas corpus to be addressed to the appellee. The appellee moved to dismiss the petition on the ground it fails to state facts sufficient to warrant the issuance of the writ. An order to show cause why the appellee's motion should not be granted was issued. The motion was granted and this appeal followed.

The petition here cannot...

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