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NEIBAUER v. HARRIS

No. 13043.

196 F.2d 726 (1952)

NEIBAUER v. HARRIS, Commanding Officer, Montana Induction Center.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 16, 1952.

Attorney(s) appearing for the Case

Jerry J. O'Connell, Great Falls, Mont., for appellant.

Dalton Pierson, U. S. Atty., R. Lewis Brown, Jr., Asst. U. S. Atty., Butte, Mont., for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.

PER CURIAM.

This appeal is from an order of the District Court discharging a writ of habeas corpus obtained by appellant and dismissing his petition therefor. The petition was filed and the writ was issued and served on appellee on June 15, 1951. The petition alleged, in substance, that appellant was, on June 15, 1951, wrongfully held in appellee's custody. Actually, if appellant was ever in appellee's custody, he was released on June 15, 1951, before the writ was...

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