 |
| XIV. DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT
OF COLUMBIA CIRCUIT, 11 MAY 1949, AFFIRMING ORDER OF THE DISTRICT COURT OF THE
UNITED STATES FOR THE DISTRICT OF COLUMBIA |
| |
| UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 9883 |
| |
Friedrich Flick, appellant
v.
Louis
Johnson, Secretary of Defense, et al., appellees* |
| |
| Appeal from the District Court of the United States for the District
of Columbia (now United States District Court for the District of
Columbia) |
| |
| Argued
December 16, 1948 |
Decided May 11, 1949 |
| |
Messrs. George T. Davis and Earl J. Carroll of the Bar of the
Supreme Court of California, pro hac vice, by special leave of Court,
with whom Mr. Fred W. Shields was on the brief, for appellant.
Mr. John D. Lane, Assistant United States Attorney, with whom
Mr. George Morris Fay, United States Attorney, was on the brief, for
appellees.
Before Stephens, C. J., and Wilbur K. Miller and Proctor, J.
J.
PROCTOR, J.: Appellant, a German citizen, is in custody in Germany,
within the American Zone of Occupation. He is under custody of American Army
forces, serving a sentence of imprisonment imposed by a tribunal sitting in
said zone. A petition for writ of habeas corpus was filed in his behalf in the
United States District Court for the District of Columbia. The Secretary of
Defense, the Secretary of the Army, the Provost Marshal General and the
Commanding General, United States Occupied Zone of Germany, were named as
respondents. Upon a rule to show cause all answered except the Commanding
General, who was not served. After hearing, the court discharged the rule and
dismissed the |
__________ * Federal Reporter, vol. 174,
2d series, p. 983 (1949).
1227 |