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POSTELWAIT v. MARKLEY

No. 14650.

342 F.2d 677 (1965)

Gilbert Franklin POSTELWAIT, Petitioner-Appellant, v. T. W. MARKLEY, Warden, United States Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

March 17, 1965.

Attorney(s) appearing for the Case

Gilbert Franklin Postelwait, pro se, Terence J. Tyksinski, Howard T. Brinton, Paul R. Lederer, Chicago, Ill., for appellant.

Richard P. Stein, U. S. Atty., James R. Thornton, Charles S. White, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

The petitioner, Gilbert Franklin Postelwait, petitioned for a writ of habeas corpus in the District Court claiming unlawful imprisonment in the United States Penitentiary, Terre Haute, Indiana, located within the district. His petition was dismissed without a hearing, the order to show cause on behalf of the respondent was discharged, and the petitioner was remanded to the custody of the respondent...

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