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VAN BUSKIRK v. WILKINSON

No. 14236.

216 F.2d 735 (1954)

Odis R. VAN BUSKIRK, Appellant, v. Fred T. WILKINSON, as Warden of the United States Penitentiary, McNeil Island, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

November 8, 1954.

Attorney(s) appearing for the Case

Odis R. Van Buskirk, in pro. per.

Charles P. Moriarty, U. S. Atty., Seattle, Wash., Guy A. B. Dovell, Asst. U. S. Atty., Tacoma, Wash., for appellee.

Before BONE and FEE, Circuit Judges, and DRIVER, District Judge.

DRIVER, District Judge.

Appellant is an inmate of the United States Penitentiary on McNeil Island, Washington. He petitioned the District Court for an injunction restraining respondent Warden from enforcing against him the Act of Congress which provides for conditional release of Federal prisoners, and for a judgment declaring the Act void for repugnance to the Constitution of the United States.1 He asked that a three-judge court be convened...

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