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McDONALD v. JOHNSTON

No. 10882.

149 F.2d 768 (1945)

McDONALD v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 21, 1945.

Attorney(s) appearing for the Case

Walter McDonald, in pro. per.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan and Joseph Karesh, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before DENMAN, HEALY, and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellant, an inmate of the United States Penitentiary at Alcatraz, seeks his discharge from custody by an application for a writ of habeas corpus. Upon the filing of the application the court below issued an order to show cause. Appellee, Warden, filed a return to the order to show cause. Appellant then filed a traverse to the return. Thereafter, upon due consideration of the pleadings and issues involved, the court below discharged the order...

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