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TAYLOR v. BAKER

No. 6362.

284 F.2d 43 (1960)

J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellant, v. Orie Floyd BAKER, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 10, 1960.

Attorney(s) appearing for the Case

David Rubin, Washington, D. C. (Joseph M. F. Ryan, Jr., Acting Asst. Atty. Gen., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., Harold H. Greene and Gerald P. Choppin, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

Robert F. Meersman and Robert F. Moore, Mount Prospect, Ill., for appellee.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This proceeding in habeas corpus was instituted in the United States Court for Kansas by Orie Floyd Baker, hereinafter referred to as petitioner, to effectuate his discharge from further confinement in the federal penitentiary at Leavenworth, Kansas. And the crucial question upon which the case turns is whether service of three sentences imposed upon petitioner by the United States Court for Eastern Arkansas began at the time he was released...

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