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JOHNSON v. EISENTRAGER

No. 306.

339 U.S. 763 (1950)

JOHNSON, SECRETARY OF DEFENSE, ET AL. v. EISENTRAGER, ALIAS EHRHARDT, ET AL.

Supreme Court of United States.

Decided June 5, 1950.

Attorney(s) appearing for the Case

Solicitor General Perlman argued the cause for petitioners. With him on the brief were Assistant Attorney General McInerney, Oscar H. Davis, Robert S. Erdahl and Philip R. Monahan.

A. Frank Reel and Milton Sandberg argued the cause for respondents. With them on the brief were Wallace M. Cohen and Richard F. Wolfson.

MR. JUSTICE JACKSON delivered the opinion of the Court.

The ultimate question in this case is one of jurisdiction of civil courts of the United States vis-a-vis military authorities in dealing with enemy aliens overseas. The issues come here in this way:

Twenty-one German nationals petitioned the District Court of the District of Columbia for writs of habeas corpus. They alleged that, prior to May 8, 1945, they were in the service of German armed...

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