WINHOVEN v. UNITED STATES

No. 13483.

201 F.2d 174 (1952)

WINHOVEN v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

December 31, 1952.


Attorney(s) appearing for the Case

Willard A. Winhoven, in pro. per.

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

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from an order of the district court denying Winhoven's motion under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to vacate a judgment adverse to him in a 28 U.S.C. § 2255 proceeding. The grounds of the motion to vacate are that the 2255 judgment against him is "void" because Winhoven in the hearing of his motion was denied procedural due process of law in violation of the Fifth Amendment by

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