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BARKER v. LOONEY

No. 5970.

261 F.2d 616 (1958)

Paul Dean BARKER, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

November 25, 1958.

Attorney(s) appearing for the Case

Roy Cook, Kansas City, Kan., for appellant.

E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan. (Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., were on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from an order discharging a writ of habeas corpus. Paul Dean Barker and Houston Hubert Barker were charged jointly by six indictments returned in the United States District Court for the Western District of Texas, San Antonio Division, numbered 15585, 15584, 15583, 15582, 15580 and 15603. The offense charged in Nos. 15585 and 15584 was interstate transportation in commerce of a stolen motor vehicle; in No. 15583, traveling from the State...

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