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UNITED STATES v. SWOPE

No. 15085.

232 F.2d 853 (1956)

UNITED STATES of America ex rel. Albert R. HOUSE, Relator, Appellant, v. Edwin L. SWOPE, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Fifth Circuit.

April 20, 1956.

Attorney(s) appearing for the Case

Albert R. House, in pro. per.

Harrold Carswell, U. S. Atty., Tallahassee, Fla., C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., for appellee.

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

PER CURIAM.

The Supreme Court vacated our former judgment1 and remanded the case to this Court "for consideration in light of new information."2 Surmising, as best we can, the basis for the Supreme Court's judgment, we apprehend that, in its opinion, appellant's original motion3 brought his case within the ruling of Mooney v. Holohan, 294 U.S. 103

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