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UNITED STATES v. MALANAPHY

No. 193, Docket 20902.

168 F.2d 503 (1948)

UNITED STATES ex rel. HIRSHBERG v. MALANAPHY.

Circuit Court of Appeals, Second Circuit.

On Rehearing June 2, 1948.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y., (T. Vincent Quinn, Asst. Atty. Gen., and O. S. Colclough, Rear Admiral, U. S. Navy, Judge Advocate General of Navy, of Washington, D. C., on the brief; Frank J. Parker, Chief Asst. U. S. Atty., of Brooklyn, N. Y., and Frederick Bernays Wiener, Sp. Asst. to Atty. Gen., of counsel), for appellant.

Francis A. McGurk and John J. O'Neil, both of New York City, for appellee.

Before L. HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal from an order sustaining a writ of habeas corpus and releasing the relator from the custody of the appellant, who held him in detention after his conviction by a naval general court-martial of violations of Article 8 of the Articles for the Government of the Navy, 34 U.S. C.A. § 1200, Art. 8 Second. The relator's petition for the writ challenged the jurisdiction of the court-martial on two grounds: (1) that when the alleged...

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