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TOTH v. TALBOTT

No. 68.

114 F.Supp. 468 (1953)

TOTH v. TALBOTT.

United States District Court District of Columbia.

September 3, 1953.

Attorney(s) appearing for the Case

William A. Kehoe, Jr., Washington, D. C., and John J. McGrath, Pittsburgh, Pa., for petitioner.

Leo A. Rover, U. S. Atty. for the Dist. of Columbia, and William J. Peck, Asst. U. S. Atty., Washington, D. C., and Colonel Chester W. Wilson, of the U. S. Army Air Force, Washington, D. C., for respondent.

HOLTZOFF, District Judge.

This case comes before this Court on a return to the writ of habeas corpus previously issued.

The petitioner for the writ is a civilian, residing in Pittsburgh, Pennsylvania. He was taken into custody in Pittsburgh by police of the Air Force of the United States Army and transported to Korea for trial by court martial on a charge of murder.

Article 3(a), Title 50 U.S.C.A. § 553(a), of the Uniform Code of Military Justice...

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