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DAY v. McELROY

No. 14203.

255 F.2d 179 (1958)

John E. DAY, Jr., Appellant, v. Neil H. McELROY, Secretary of Defense, Wilber M. Brucker, Secretary of the Army, Maxwell D. Taylor, Chief of Staff, U. S. Army, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1958.

Petition for Rehearing Denied May 5, 1958.

Attorney(s) appearing for the Case

Mr. Harry E. Wood, Washington, D. C., with whom Mr. Guy Emery, Washington, D. C., was on the brief, for appellant.

Mr. John W. Kern, III, 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 PRETTYMAN and FAHY, Circuit Judges.

Petition for Rehearing In Banc Denied May 5, 1958.

PER CURIAM.

The appellant's conviction of murder was affirmed by the United States Court of Military Appeals, one judge dissenting. United States v. Day, 2 U.S.C.M.A. 416. The present appeal is from an order of the United States District Court for the District of Columbia dismissing a petition for a writ of habeas corpus. We find nothing in the record that would have justified the District Court in issuing...

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