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COZART v. WILSON

No. 13261.

236 F.2d 732 (1956)

Riece COZART, Gerald Garmait, and Mack Makarenko, Appellants, v. Charles E. WILSON, Secretary of Defense, and Charles S. Thomas, Secretary of the Navy, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1956.

Certiorari Granted, Judgment Vacated November 5, 1956.

Attorney(s) appearing for the Case

Mr. Emanuel Redfield, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Thomas C. Fisher, Washington, D. C., was on the brief, for appellants. Mr. H. William Tanaka, Washington, D. C., also entered an appearance for appellants.

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and Alfred Burka, Asst. U. S. Attys., were on the brief, for appellees.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and DANAHER, Circuit Judges.

Certiorari Granted, Judgment Vacated November 5, 1956. See 77 S.Ct. 126.

EDGERTON, Chief Judge.

This is an appeal from a judgment dismissing a petition for a writ of habeas corpus and discharging a rule to show cause why the writ should not issue.

Petitioners are citizens of the United States and members of the armed services stationed in Japan. Petitioner Cozart is awaiting trial by a Japanese court for causing a death by negligent operation of an...

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