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DE COSTER v. MADIGAN

No. 11312.

223 F.2d 906 (1955)

Carl Andrew DE COSTER, Plaintiff-Appellant, v. P. J. MADIGAN, Acting Warden, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 27, 1955.

Attorney(s) appearing for the Case

Urban P. Van Susteren, Appleton, Wis., for appellant.

James W. Booth, Lieutenant Colonel, U. S. Army, Washington, D. C., Jack C. Brown, U. S. Atty., Indianapolis, Ind., Stephen Leonard, Asst. U. S. Atty., Anderson, Ind., for appellee.

Before DUFFY, Chief Judge, and MAJOR and FINNEGAN, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of Indiana, Indianapolis Division, denying the petition of Carl DeCoster (hereinafter called plaintiff) for a writ of habeas corpus to be directed against P. J. Madigan, Acting Warden of the United States Penitentiary at Terre Haute, Indiana. D. M. Byington (hereinafter called defendant) has now succeeded P. J. Madigan as Acting Warden and has been substituted...

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