UNITED STATES EX REL. BERRY v. COMMANDING GENERAL

No. 27052. Summary Calendar.

411 F.2d 822 (1969)

UNITED STATES of America ex rel. Weldon H. BERRY, on behalf of Pvt. Carl Bynum, et al., Plaintiffs-Appellants, v. COMMANDING GENERAL, Headquarters, THIRD CORPS, FORT HOOD, Fort Hood, TEXAS, et al., Defendants-Appellees. UNITED STATES of America ex rel. Curtis F. McCLANE, on behalf of Pfc. Oscar Lee Taylor, US 5177437, Plaintiff-Appellant, v. COMMANDING GENERAL, Headquarters, THIRD CORPS, FORT HOOD, Fort Hood, TEXAS, et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 13, 1969.


Attorney(s) appearing for the Case

Weldon H. Berry, Houston, Tex., Curtis McClane, New York City, for plaintiffs-appellants.

Ted Butler, U. S. Atty., Waco, Tex., Warren N. Weir, Jeremiah Handy, Asst. U. S. Attys., San Antonio, Tex., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


DYER, Circuit Judge:

These are appeals from the District Court's denial of appellants' applications for a temporary restraining order and writs of habeas corpus which challenged the appellants' post-trial confinement, pending review, after conviction by Special Courts-Martial. We affirm.1

About six o'clock in the morning of August 24, 1968, forty-three soldiers, including the twelve appellants, stationed at Fort Hood, Texas, were...

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