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KIRK v. SQUIER

No. 10911.

150 F.2d 3 (1945)

KIRK v. SQUIER, Warden.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 24, 1945.

Attorney(s) appearing for the Case

Loren Grinstead and Arthur Grunbaum, both of Seattle, Wash., for appellant.

J. Charles Dennis, U. S. Atty., of Seattle, Wash., and Guy A. B. Dovell, Asst. U. S. Atty., of Tacoma, Wash., for appellee.

Before HEALY and BONE, Circuit Judges, and McCOLLOCH, District Judge.

BONE, Circuit Judge.

Appellant, Kirk, now an inmate of the United States Penitentiary at McNeil Island, filed his petition for a writ of habeas corpus in the District Court for the Western District of Washington. An order to show cause was directed to the Warden who demurred to the petition. The court below sustained the demurrer, denied and dismissed the petition and remanded petitioner to the custody of appellee. This appeal followed. Cf. Hayden v. Warden, 9 Cir...

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