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FLICK v. JOHNSON

No. 9883.

174 F.2d 983 (1949)

FLICK v. JOHNSON, Secretary of Defense, et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1949.

Attorney(s) appearing for the Case

Messrs. George T. Davis, San Francisco, Cal., and Earl J. Carroll, Hayward, of the Bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. Fred W. Shields, Washington, D. C., was on the brief, for appellant.

Mr. John D. Lane, Assistant United States Attorney, Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, Washington, D. C., was on the brief, for appellees.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

Appellant, a German citizen, is in custody in Germany, within the American Zone of Occupation. He is under custody of American Army forces, serving a sentence of imprisonment imposed by a tribunal sitting in said zone. A petition for writ of habeas corpus was filed in his behalf in the United States District Court for the District of Columbia. The Secretary of Defense, the Secretary of the Army, the Provost Marshal General and the Commanding...

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