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VITALE v. HUNTER

No. 4647.

206 F.2d 826 (1953)

VITALE v. HUNTER, Warden.

United States Court of Appeals. Tenth Circuit.

Rehearing Denied September 3, 1953.

Attorney(s) appearing for the Case

Joseph M. Bonuso, Washington, D. C. (James H. Hope, Topeka, Kan., on the brief), for appellant.

Robert H. Bingham, Topeka, Kan. (Eugene W. Davis, Topeka, Kan., on the brief), for appellee.

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

MURRAH, Circuit Judge.

Complaining of the restraint of his liberty by the respondent Warden, upon an alleged violation of the terms of a commuted sentence, the petitioner brought this action for a writ of habeas corpus to effect his release from Leavenworth Penitentiary. And, this appeal is from an order of the District Court of Kansas discharging the writ.

The petition for the writ alleged in substance that he was arrested and detained by the agents of the...

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