LEONHARD v. ELEY

No. 3175.

151 F.2d 409 (1945)

LEONHARD v. ELEY.

Circuit Court of Appeals, Tenth Circuit.

October 16, 1945.


Attorney(s) appearing for the Case

Malcolm McNaughton, of Leavenworth, Kan., for appellant.

Eugene W. Davis, Asst. U. S. Atty., of Topeka, Kan. (Randolph Carpenter, U. S. Atty., of Topeka, Kan., Frank E. Shaw, Colonel, J. A. G. D., 7th Service Command, Judge Advocate, of Omaha, Neb., Allen R. Browne, Lt. Col., J. A. G. D., Post Judge Advocate, of Kansas City, Mo., and Phil C. Bennett, Major, J. A. G. D., Post Judge Advocate, of Stillwater, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an appeal from an order denying a writ of habeas corpus.

Leonhard, hereinafter called the petitioner, is in the custody of Colonel William S. Eley, Commandant of the United States Disciplinary Barracks, Fort Leavenworth, Kansas. In his application for the writ, petitioner set up these facts: Petitioner was born in Germany, April 14, 1914, and is a citizen of Germany; he came to the United States with his parents when he was...

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