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ANTHONY v. HUNTER

No. 984 H. C.

71 F.Supp. 823 (1947)

ANTHONY v. HUNTER, Warden.

District Court, D. Kansas, First Division.

May 29, 1947.

Attorney(s) appearing for the Case

Harry H. Dunn, of Hutchinson, Kan., and Howard F. McCue, of Topeka, Kan., for petitioner.

Randolph Carpenter, U. S. Atty., and James W. Wallace, Asst. U. S. Atty., both of Topeka, Kan. (Colonel William J. Hughes, Jr., JAGD, of Washington, D. C., on the brief), for respondent.

MELLOTT, District Judge.

Petitioner alleges that he is illegally held in custody and deprived of his liberty by the Warden of the United States Penitentiary at Leavenworth, Kansas. Respondent admits the custody, asserting that it is lawful and attaching to his return photostatic copies of (1) a General Court-Martial Order, 20 September 1945, committing petitioner to the United States Penitentiary at Lewisburg, Pennsylvania, for the term of his natural life; (2) a...

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