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SCHILDER v. GUSIK

No. 10978.

195 F.2d 657 (1952)

SCHILDER, Warden v. GUSIK.

United States Court of Appeals Sixth Circuit.

April 1, 1952.

Attorney(s) appearing for the Case

Lt. Col. Frederick C. Lough, Office of the Judge Advocate General, Washington, D. C., R. J. O'Donnell, Loren G. Windom, Columbus, Ohio, on the brief, for appellant.

Morris Morgenstern, Cleveland, Ohio, for appellee.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

In 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, we decided in Schilder v. Gusik, 6 Cir., 180 F.2d 662, that Gusik had not exhausted his remedies under the Articles of War because he had not availed himself of the new remedy provided by Article...

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