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SCHILDER v. GUSIK

No. 10978.

180 F.2d 662 (1950)

SCHILDER v. GUSIK.

United States Court of Appeals Sixth Circuit.

Writ of Certiorari Granted June 5, 1950.

Attorney(s) appearing for the Case

Alan R. Browne, Office of the Judge Advocate General, Washington, D. C., R. J. O'Donnell, and Loren G. Windom, Columbus, Ohio, Reginald C. Miller, Lt. Colonel, Office of Judge Advocate General, Washington, D. C., on the brief, for appellant.

Morris Morgenstern and Bernard B. Direnfeld, Cleveland, Ohio, Morris Morgenstern, John Price (Deceased), Bernard B. Direnfeld, Leo Chimo, E. J. Sklenicka, Cleveland, Ohio, John Baker, Columbus, Ohio, Francis Picklow, Anthony Lysowski, Cedric Griffith, and Joseph Horwitz, Cleveland, Ohio, on the brief, for appellee.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

Writ of Certiorari Granted June 5, 1950. See 70 S.Ct. 1014.

SIMONS, Circuit Judge.

This is an appeal by the warden of the Federal Reformatory at Chillicothe, Ohio, from an order of discharge in a habeas corpus proceeding releasing the appellee from custody while under sentence of a military court for murder. The appellee Thomas Gusik was, in August, 1947, a member of a Guard Company stationed at or near Tirrenia, Italy. Early in the morning of August 13, two...

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