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CASEY v. TAYLOR

No. 6398.

281 F.2d 549 (1960)

James A. CASEY, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

July 28, 1960.

Attorney(s) appearing for the Case

Roy Cook, Kansas City, Kan., filed a brief for appellant.

Peter S. Wondolowski, Lieutenant Colonel, JAGC, Office of the Judge Advocate General, Dept. of the Army, Washington, D. C. (Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Thomas A. Ryan, Lieutenant Colonel, JAGC, Office of the Judge Advocate General, Dept. of the Army, Washington, D. C., were with him on the brief), for appellee.

Before BRATTON, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This appeal is taken from an order of the District Court for the District of Kansas dismissing appellant's petition for a writ of habeas corpus for lack of jurisdiction.

Appellant is presently confined as a military prisoner in the United States Penitentiary, Leavenworth, Kansas, pursuant to the judgment and sentence imposed by a general court-martial convened at St. Nazaire, France, in 1919. After being found guilty of two separate offenses...

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