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FIEDLER v. SHUTTLEWORTH

No. 10029.

153 F.2d 999 (1946)

FIEDLER v. SHUTTLEWORTH.

Circuit Court of Appeals, Sixth Circuit.

March 11, 1946.

Attorney(s) appearing for the Case

Walter M. Nelson, of Detroit, Mich. (Walter M. Nelson, of Detroit, Mich., on the brief), for appellant.

John C. Lehr and John C. Ray, both of Detroit, Mich., on the brief for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Franz P. Fiedler appeals from an order of the District Court denying his petition for a writ of habeas corpus.

On May 6, 1943, in the District Court for the Western District of Pennsylvania, appellant was charged in an indictment with a violation of the Espionage Act of 1917, 50 U.S.C.A. § 33. The indictment contained two counts. The first count averred that he unlawfully, wilfully and feloniously attempted to cause insubordination...

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