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CALLEY v. CALLAWAY

No. 74-2285.

496 F.2d 701 (1974)

William L. CALLEY, Jr., Petitioner-Appellee, v. Howard H. CALLAWAY, Secretary of the Army, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 19, 1974.

Attorney(s) appearing for the Case

William Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., Capt. Arnold Anderson Vickery, Dept. of the Army, Capt. David P. Schulingkamp, Washington, D. C., for respondents-appellants.

Kenneth M. Henson, Columbus, Ga., J. Houston Gordon, Covington, Tenn., G. W. Latimer, Salt Lake City, Utah, for petitioner-appellee.

Before BROWN, Chief Judge, and RIVES and WISDOM, Circuit Judges.

Rehearing En Banc Denied July 19, 1974. See 497 F.2d 1384.

PER CURIAM:

Appellants-Respondents contest District Court orders restraining any change in petitioner-appellee Calley's place or conditions of confinement, and granting bail to petitioner-appellee Calley pending a final determination on the merits of his petition for writ of habeas corpus. We reverse.

On March 29, 1971, Calley was found guilty by a military...

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