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POLSKY v. WETHERILL

No. 625-70.

455 F.2d 960 (1972)

Douglas POLSKY, Appellant, v. Major General Roderick WETHERILL, Commanding Officer, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 1972.

Attorney(s) appearing for the Case

G. Sander Davis, Philadelphia, Pa. Barry E. Ungar, Philadelphia, Pa., and William F. Reynard, Denver, Colo., and Mann & Ungar, Philadelphia, Pa., of counsel, were with him on the brief), for appellant.

James M. Peters, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., was with him on the brief), for appellees.

Before LEWIS, Chief Judge, and HILL, SETH, HOLLOWAY, McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

LEWIS, Chief Judge.

This appeal was taken from a judgment of the District Court for the Western District of Oklahoma denying petitioner's application for a writ of habeas corpus after consideration of the merits of petitioner's claims. We reversed and remanded with instructions to dismiss for lack of jurisdiction, 10 Cir., 438 F.2d 132. On recommendation of the Solicitor General, the Supreme Court granted certiorari, vacated this...

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