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HIATT v. HILLIARD

No. 12891.

180 F.2d 453 (1950)

HIATT, Warden, v. HILLIARD.

United States Court of Appeals Fifth Circuit.

February 27, 1950.

Attorney(s) appearing for the Case

A. E. Gottshall, Criminal Division, Dept. of Justice, Washington, D. C., J. Ellis Mundy, U. S. Attorney, Atlanta, Ga., Harvey H. Tisinger, Asst. U. S. Attorney, Atlanta, Ga., for appellant.

Hughes R. Hilliard, Athens, Ga., in pro. per.

Before HUTCHESON, Chief Judge, and WALLER and BORAH, Circuit Judges.

PER CURIAM.

Entered May 23, 1949, on the undisputed facts1 established on the hearing of his petition for habeas corpus, the order appealed from discharged appellee from custody on the grounds fully discussed in the court's unreported opinion.

This ground was that Secs. 4161 and 4165, Title 18 U.S.C.A.,2 effective Sept. 1, 1948, were intended to have, and should...

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