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SMITH v. ANDERSON

Nos. 17411, 17413, 17414.

317 F.2d 172 (1963)

Edward SMITH, Appellant, v. Sam A. ANDERSON, Superintendent, D. C. Jail, Appellee. Maryland HARVEY, Appellant, v. Sam A. ANDERSON, Superintendent, D. C. Jail, Appellee. Robert M. WILLIAMS, Appellant, v. Sam A. ANDERSON, Superintendent, D. C. Jail, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Mr. John F. Doyle, Washington, D. C. (appointed by this court) for appellant.

Mr. Ted D. Kuemmerling, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee. Mr. Joseph G. Hitselberger, Asst. Corp. Counsel, also entered an appearance for appellee.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge.

Appellants filed petitions for writs of habeas corpus in September 1962, alleging they were unlawfully detained and subjected to cruel and unusual punishment. On the first point they allege they are confined in the D.C. Jail without an order or judicial direction. Their claim as to unusual punishment is that they are confined in a cell 6' x 6' where the temperature rises to 105° F. with inadequate ventilation which endangers health; they...

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