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O'CONNOR v. HUNTER

No. 4280.

192 F.2d 179 (1951)

O'CONNOR v. HUNTER, Warden, United States Penitentiary, Leavenworth, Kansas.

United States Court of Appeals Tenth Circuit.

October 20, 1951.

Attorney(s) appearing for the Case

Everett Fritz, Kansas City, Kan., for appellant.

Lester Luther, U. S. Atty., Eugene W. Davis, Asst. U. S. Atty., and Malcolm Miller, Asst. U. S. Atty., all of Topeka, Kan., for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order dismissing an application for a writ of habeas corpus filed by O'Connor,1 and discharging a writ previously issued. At the time of the hearing below Petitioner was confined in the United States Penitentiary at Leavenworth, Kansas, under a sentence imposed by a civil criminal court. He had theretofore been confined in military institutions and in civil penal institutions under a sentence...

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