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OSBORN v. UNITED STATES

No. 19929.

322 F.2d 835 (1963)

Floyd J. OSBORN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 10, 1963.

Attorney(s) appearing for the Case

M. B. Montgomery, Jackson, Miss., for appellant.

Robert Hauberg, U. S. Atty., Jackson, Miss., John G. Laughlin, David L. Rose, Edward Berlin, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before RIVES and WISDOM, Circuit Judges, and BOOTLE, District Judge.

WISDOM, Circuit Judge.

The questions for decision in this case relate to the scope and meaning of the Unjust Conviction Statute, 28 U.S. C.A. § 2513, 62 Stat. 941.1 The plaintiff's theory of the case is that the statute applies to a court-martial conviction set aside on a habeas corpus petition not because of the petitioner's innocence but because of lack of jurisdiction in courts-martial...

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