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FACTOR v. FOX

No. 10820.

175 F.2d 626 (1949)

FACTOR v. FOX, Warden.

United States Court of Appeals Sixth Circuit.

July 5, 1949.

Attorney(s) appearing for the Case

Jesse H. Brown, Chicago, Ill. (Jesse H. Brown, Chicago, Ill., and James E. Haggerty, Detroit, Mich., on the brief), for appellant.

Frank X. Norris, Detroit, Mich. (Joseph C. Murphy, and Frank X. Norris, Detroit Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is from an order discharging a writ of habeas corpus after its allowance. At the hearing no oral evidence was taken but the court was presented with a transcript of the proceedings in the Northern District of Iowa when the petitioner was sentenced, and the record and transcript of a hearing on August 14 and 15, 1947, before the Honorable Gunnar H. Nordbye, United States District Judge for the District of Minnesota, upon a petition...

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