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ROSBOROUGH v. ROSSELL

No. 4051.

150 F.2d 809 (1945)

ROSBOROUGH v. ROSSELL

Circuit Court of Appeals, First Circuit.

July 26, 1945.

Attorney(s) appearing for the Case

Charles R. Pierce and S. Wallace Dempsey, both of Washington, D. C., for appellant.

Tom C. Clark, Asst. Atty. Gen., David Reich, Atty., Department of Justice, of Washington, D. C. (John D. Clifford, Jr., U. S. Atty., and Edward J. Harrigan, Asst. U. S. Atty., both of Portland, Me., T. L. Gatch, Rear Admiral, U. S. Navy, Judge Advocate General of Navy and Hugh J. McGrath, Atty., Office of Judge Advocate General, U. S. Navy Department, both of Washington, D. C., of counsel), for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

Appellant Samuel A. Rosborough appeals from a decree denying a petition for a writ of habeas corpus. The case was heard below upon the petition and respondent's return to an order to show cause, and the facts are not in controversy.

Rosborough enlisted in the United States Navy in January, 1942, for a period of six years. He was assigned to the United States Armed Guard Center, Brooklyn, N. Y. Later, he was on detached duty as a member...

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