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KENNEDY v. COMMANDANT, U. S. DISCIPLINARY BARRACKS

No. 9203.

377 F.2d 339 (1967)

Patrick R. KENNEDY, Appellant, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS, FORT LEAVENWORTH, KANSAS, Appellee.

United States Court of Appeals Tenth Circuit.

May 3, 1967.

Attorney(s) appearing for the Case

Lawrence D. McDonald, Jr., Kansas City, Kan., for appellant.

James R. Robinson, Lt. Col., JAGC, Dept. of the Army, Washington, D. C. (Abraham Nemrow, Lt. Col., JAGC, Dept. of the Army, Washington, D. C., Newell A. George, U. S. Atty., James R. Ward, Asst. U. S. Atty., Topeka, Kan., with him on brief), for appellee.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and EUBANKS, District Judge.

MURRAH, Chief Judge.

This appeal is from an order dismissing a petition for writ of habeas corpus. The petition was filed in the United States District Court for the Western District of Missouri, and an evidentiary hearing was held by that court. Prior to the hearing, but after the petition was filed, the appellant was transferred from Fort Leonard Wood, Missouri, to the United States Disciplinary Barracks at Fort Leavenworth, Kansas. For this reason, and with the...

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