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UNITED STATES v. CHAMBERLIN

No. 10143.

184 F.2d 404 (1950)

UNITED STATES ex rel. GIESE v. CHAMBERLIN et al.

United States Court of Appeals Seventh Circuit.

October 5, 1950.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., John Peter Lulinski and Melvin L. Klafter, Assts. U. S. Atty., all of Chicago, Ill., for appellants.

Abner F. Bond, Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.

DUFFY, Circuit Judge.

This is an appeal from an order entered by the district court on a petition for a writ of habeas corpus, discharging the relator, William H. Giese, from custody of the United States Army.

Relator enlisted in the United States Army about February 2, 1926, and was discharged February 1, 1929. He re-enlisted about March 12, 1930, for a period of three years, but deserted on July 2, 1930. Years later he was apprehended and was returned to...

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