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SMITH v. CAMPBELL

No. 71-1443.

450 F.2d 829 (1971)

Alvin G. SMITH, Petitioner and Appellant, v. Capt. James M. CAMPBELL, Commanding Officer, U. S. Naval Schools Command, Mare Island, Vallejo, California, et al., Respondents and Appellees.

United States Court of Appeals, Ninth Circuit.

As Modified December 1, 1971.

Attorney(s) appearing for the Case

Ezra Hendon (argued), of Franck, Hill, Stender, & Hendon, Berkeley, Cal., for petitioner and appellant.

Brewster Q. Morgan, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for respondents and appellees.

Before HAMLEY and KILKENNY, Circuit Judges, and FERGUSON, District Judge.

FERGUSON, District Judge.

This case presents the question whether a petition for writ of habeas corpus must be dismissed for lack of jurisdiction when at the time the petition was filed the petitioner and his custodian were both within the territorial jurisdiction of the district court, but the petitioner was involuntarily removed from the district after the filing of the petition and his present custodian is subject to the process of the court. The district court...

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