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CALLEY v. CALLAWAY

No. 74-3471.

519 F.2d 184 (1975)

William L. CALLEY, Jr., Petitioner-Appellee, Cross-Appellant, v. Howard H. CALLAWAY, etc., et al., etc., Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 1975.

Attorney(s) appearing for the Case

Ronald T. Knight, Charles T. Erion, Asst. U. S. Attys., Macon, Ga., Capt. Arnold Anderson Vickery, Office of Gen. Counsel, Dept. of the Army, Pentagon, Washington, D. C., Capt. David P. Schulingkamp, Office of the Judge Advocate Gen., Washington, D. C., S. Cass Weiland, Crim. Div., Dept. of Justice, William A. Patton, Office of the Sol. Gen., Washington, D. C., for respondents-appellants, cross-appellees.

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

Before WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

In this habeas corpus proceeding we review the conviction by military court-martial of Lieutenant William L. Calley, Jr., the principal accused in the My Lai incident in South Vietnam, where a large number of defenseless old men, women and children were systematically shot and killed by Calley and other American soldiers in what must be regarded as one of the most tragic chapters in the history of...

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