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McCLELLAN v. HERITAGE

Civ. A. No. 8369.

234 F.Supp. 219 (1964)

John D. McCLELLAN, Petitioner, v. David M. HERITAGE, Warden, United States Penitentiary, Atlanta, Georgia, Respondent.

United States District Court N. D. Georgia, Atlanta Division.

January 7, 1964.

Attorney(s) appearing for the Case

William C. O'Kelley and George G. Finch, Atlanta, Ga., for plaintiff.

Charles Goodson, U. S. Atty., Atlanta, Ga., for defendant.

HOOPER, Chief Judge.

In this action petitioner John D. McClellan seeks to be released from custody of the respondent, Warden at the Atlanta Penitentiary, upon allegations that his conviction and sentence in a Military Courts Martial should be set aside.

The respondent insists that the issues contained herein have been previously adjudicated against the prisoner by a trial judge (McClellan v. Humphrey, D.C., 83 F.Supp. 510

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