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HOOVER v. KERN

No. 72-1668.

466 F.2d 543 (1972)

Robert Allen HOOVER, Petitioner-Appellant, v. C. V. "Buster" KERN, Sheriff, Harris County, Texas, and Secretary of the Army, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 24, 1972.

Attorney(s) appearing for the Case

William S. Frank, Evans & Frank, Houston, Tex., for petitioner-appellant.

Anthony J. P. Farris, U. S. Atty., Carl Walker, Jr., Executive Asst. U. S. Atty., Olney G. Wallis, James R. Gough, Asst. U. S. Attys., Houston, Tex., for respondents-appellees.

Before BELL, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

This is the story of a "man without a court" that reaches us in the form of an appeal from the denial of an application for a writ of habeas corpus on the ground of lack of jurisdiction. Guided by recent decisions of the Supreme Court and of this court we find that jurisdiction was established, and we reverse and remand to the district court for further proceedings.

The basic facts of this...

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