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NEAL v. HUNTER

No. 3758.

172 F.2d 660 (1949)

NEAL v. HUNTER.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 1, 1949.

Attorney(s) appearing for the Case

Waldo B. Wetmore, of Wichita, Kan., for appellant.

Eugene W. Davis, Asst. U. S. Atty. (Lester Luther, U. S. Atty., both of Topeka, Kan., on the brief), for appellee.

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

MURRAH, Circuit Judge.

Seeking release from service of an unexpired portion of a five year sentence, under which he was paroled, petitioner, by this habeas corpus proceedings, attacks the jurisdiction of the Parole Board and its authority to issue the parole violator's warrant under which he was taken and recommitted.

On July 19, 1941, petitioner, upon a plea of guilty to a violation of the Dyer Act, 18 U.S.C.A. § 408, [now §§ 2311-2313], was...

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