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HACKER v. UNITED STATES

No. 188-52.

109 F.Supp. 392 (1953)

HACKER v. UNITED STATES.

United States Court of Claims.

Decided January 13, 1953.

Attorney(s) appearing for the Case

Wilbur James Hacker, pro se.

Harry H. Davidson, White Plains, N. Y., and Holmes Baldridge, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

Plaintiff seeks damages for an alleged breach of contract based on the fact that the defendant's agents at Leavenworth penitentiary, while plaintiff was on parole from that institution, delivered custody of plaintiff to the agents of the State of Indiana. He alleges that such delivery was wrongful under the terms of 18 U.S.C. § 4164, which is as follows:

"A prisoner having served the term or terms for which he shall have been sentenced...

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