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CLATTERBUCK v. OVERHOLSER

No. 15419.

278 F.2d 20 (1960)

James E. CLATTERBUCK, Appellant v. Winfred OVERHOLSER, Superintendent of St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 24, 1960.

Petition for Rehearing Denied April 22, 1960.

Attorney(s) appearing for the Case

Mr. Lawrence S. Lesser, Washington, D. C. (appointed by this court) for appellant.

Mr. John Jude O'Donnell, Asst. U. S. Atty., Washington, D. C., for appellee. Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher, Asst. U. S. Atty. and Walter J. Bonner, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed, were on the brief for appellee.

Before DANAHER, BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied April 22, 1960.

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing a petition for habeas corpus, discharging the writ and remanding the petitioner (appellant) to the custody of the respondent, Superintendent of St. Elizabeths Hospital (appellee).

The petition recites that petitioner was, on May 5, 1959, found to be a sexual psychopath within the meaning of § 22-3501...

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