UNITED STATES v. McELROY

No. 123-57.

158 F.Supp. 171 (1958)

UNITED STATES of America ex rel. Dominic GUAGLIARDO, Petitioner, v. Neil H. McELROY, Secretary of Defense, et al., Respondents.

United States District Court District of Columbia.

January 13, 1958.


Attorney(s) appearing for the Case

Irwin Geiger and Michael A. Schuchat, Washington, D. C., for petitioner.

Oliver Gasch, U. S. Atty., Edward F. Troxell, Principal Asst. U. S. Atty., and John W. Kern, III, Asst. U. S. Atty., Washington, D. C., for respondents.


HOLTZOFF, District Judge.

The question presented in this habeas corpus proceeding is whether a civilian employee attached to the armed forces of the United States stationed in a foreign country is subject to trial by court-martial for an offense connected with his activities.

The issue arises on a return to an order to show cause granted in response to a petition for a writ of habeas corpus filed by a prisoner confined at an Air Depot in Morocco...

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