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BOWMAN v. WILSON

No. 81-1754.

672 F.2d 1145 (1982)

BOWMAN, Jerry v. WILSON, Lieutenant Scott E., Brig Officer, Naval Confinement Facility Philadelphia Naval Yard. Appeal of Lieutenant Scott E. WILSON.

United States Court of Appeals, Third Circuit.

Decided February 8, 1982.

As Amended May 12, 1982.

Attorney(s) appearing for the Case

Peter F. Viara, Jr., U.S. Atty., Philadelphia, Pa., Stuart E. Schiffer, Acting Asst. Atty. Gen., Anthony J. Steinmeyer, Frederick Geilfuss, Civil Division, Dept. of Justice, Washington, D. C., for appellant.

W. Gary Kohlman, Andrew L. Lipps, Public Defender Service, Washington, D. C., Aaron Beyer, Philadelphia, Pa., for appellee.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal by Lieutenant Scott E. Wilson, Brig Officer of the Naval Confinement Facility, Philadelphia Naval Yard, raises important questions concerning the exercise of judicial authority in granting a writ of habeas corpus at the instance of a military prisoner under court-martial. The United States District Court for the Eastern District of Pennsylvania granted the writ, 514 F.Supp. 403

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