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COX v. WEDEMEYER

No. 12565.

192 F.2d 920 (1951)

COX v. WEDEMEYER.

United States Court of Appeals Ninth Circuit.

November 21, 1951.

Attorney(s) appearing for the Case

Victor E. Cappa, San Francisco, Cal., Herbert C. Jones, San Jose, Cal., for appellant.

Chauncey F. Tramutolo, U. S. Atty., Joseph Karesh, Asst., U. S. Atty., San Francisco, Cal., for appellee.

Before BONE, ORR and POPE, Circuit Judges.

POPE, Circuit Judge.

This is an appeal from an order dismissing a petition for writ of habeas corpus. The petition alleged that the appellant Cox was unlawfully imprisoned under the color of authority of the commanding officers of the Sixth Army, Presidio, San Francisco. The decision of the trial court is set forth in a "Memorandum Opinion" reported 90 F.Supp. 55, which both parties accept as a fair statement of the facts.

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