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CLOUGH v. HUNTER

No. 4238.

191 F.2d 516 (1951)

CLOUGH v. HUNTER.

United States Court of Appeals, Tenth Circuit.

July 16, 1951.

Attorney(s) appearing for the Case

Russell F. Thompson, Oklahoma City, Okl., for appellant.

Malcolm Miller, Asst. U. S. Atty., Topeka, Kan. (Lester Luther, U. S. Atty., Topeka, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from a judgment dismissing appellant's application for a writ of habeas corpus, discharging the writ and remanding appellant to the custody of the appellee, the Warden of the Leavenworth Federal Penitentiary. The sole question is whether the court below had jurisdiction to entertain appellant's application for the writ.

Appellant was charged by an indictment containing two counts with the offense of transporting two...

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