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RAGSDALE v. OVERHOLSER

No. 15437.

281 F.2d 943 (1960)

Donald RAGSDALE, Appellant, v. Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1960.

Petition for Rehearing Denied September 19, 1960.

Attorney(s) appearing for the Case

Mr. Charles W. Halleck, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Harry T. Alexander, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Mr. Howard Adler, Jr., Washington, D. C., filed a brief on behalf of American Civil Liberties Union, as amicus curiae.

Before Mr. Justice REED, retired, and FAHY and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied September 19, 1960.

Circuit Judge Bazelon would grant the petition.

BURGER, Circuit Judge.

Appeal at Government expense with court appointed counsel was allowed by order of the District Court to review that court's action dismissing appellant's petition for a writ of habeas corpus. Petitioner has been confined in St. Elizabeths Hospital under D.C.Code 1951 § 24-301 (Supp. VIII 1960).

On September 17...

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