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NEIGUT v. KEARNEY

No. 15454.

221 F.2d 803 (1955)

William A. NEIGUT v. Joseph O. KEARNEY, Warden, Federal Correctional Institution, Texarkana, Texas.

United States Court of Appeals Fifth Circuit.

April 27, 1955.

Attorney(s) appearing for the Case

William A. Neigut, in pro. per.

William M. Steger, U. S. Atty., Harlon E. Martin, Asst. U. S. Atty., Tyler, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

PER CURIAM.

This appeal from an order dismissing a petition for writ of habeas corpus presents the single question, whether the district judge was right in holding that, under the last paragraph of Sec. 2255, Title 28 U.S.C.,1 the court was without authority to entertain the petition. The appellant is here insisting that he was not, the appellee that he was.

The district judge, in an opinion filed December 15, 1954: pointed out...

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