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ALLEN v. UNITED STATES

No. 10646.

170 F.2d 140 (1948)

ALLEN v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

October 22, 1948.

Attorney(s) appearing for the Case

John L. Muething, of Cincinnati, Ohio, and John H. Allen, in pro per., for appellant.

Ward Hudgins, U. S. Atty. of Nashville, Tenn. (Ward Hudgins, U. S. Atty., and A. O. Denning, Asst. U. S. Atty., both of Nashville, Tenn., on the brief), for appellee.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.

PER CURIAM.

Appellant, while confined in a federal penitentiary in Kansas, filed in the United States District Court for the Middle District of Tennessee a petition which he entitled, "Judgment to set aside or vacate sentence." The district court regarded the petition as an application for writ of habeas corpus and dismissed it upon the ground that the court lacked jurisdiction to issue a writ of habeas corpus directed to the Warden of the federal penitentiary at...

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