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DE WAR v. HUNTER

No. 3700.

170 F.2d 993 (1948)

DE WAR v. HUNTER.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 6, 1948.

Attorney(s) appearing for the Case

Howard F. McCue, of Topeka, Kan. (Roy N. McCue, of Topeka, Kan., on the brief), for appellant.

Nicholas R. Voorhis, of Washington, D. C. (Randolph Carpenter, U. S. Atty. and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., and Thayer Chapman, Major, JAGD, of Washington, D. C.), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant, Ernest DeWar, has appealed from an order of the District Court of the United States for the District of Kansas, discharging a writ of habeas corpus, dismissing his petition for the same and remanding him to the custody of the respondent, Walter A. Hunter, Warden of the Federal Penitentiary at Leavenworth, Kansas.

Appellant was a member of the 5th Signal Company serving with the 5th...

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