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Schlanger Vs. Seamans
Cites for this judgment
- US Supreme Court
- Mar 23, 1971
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U.S. 487 (1971) U.S. Supreme Court Schlanger v. SeamansSearch
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U.S. 487 (1971) Schlanger v. SeamansSearch
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detained unlawfully. The District Court denied the application. The Court of Appeals affirmed on the basis of Jarrett v. ResorSearch
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exercised from a point located outside the State, as long as the petitioner is in the district or the State. Donigian v. LairdSearch
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construed to include members of the armed services who have been unlawfully detained, restrained, or confined. Eagles v. SamuelsSearch
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command, as well as the person detained, must be in the territorial jurisdiction of the District Court. In Ahren v. ClarkSearch
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of the District Court, then appropriate relief could be effected. Whichever view is taken of the problem in Ahrens v. ClarkSearch
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Commander of Moody AFB -- Page 401 U. S. 491 is not. In other words, even under the minority view in Ahrens v. ClarkSearch
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sense that he is subject to military orders and control which act as a restraint on his freedom of movement ( Jones v. CunninghamSearch
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U. S. 240 ), the absence of his custodian is fatal to the jurisdiction of the Arizona District Court. Cf. Rudick v. LairdSearch
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See United States v. HaymanSearch
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Kaufman v. UnitedSearch
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d) (1964 ed., Supp. V). As respects that amendment, the Court said in Nelson v. GeorgeSearch
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it is not automatically subject to all the rules governing ordinary civil actions. See Harris v. NelsonSearch
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has been an evolving one, as Judge Northrop shows in Donigian v. LairdSearch
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F.Supp. 449, 451. And see Peyton v. RoweSearch
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U. S. 54 , 391 U. S. 64 -66. In Jones v. CunninghamSearch
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U.S. Supreme Court Schlanger v. SeamansSearch
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of Jarrett v. ResorSearch
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the State. Donigian v. LairdSearch
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of the District Court. In Ahren v. ClarkSearch
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Ahrens v. ClarkSearch
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Jones v. CunninghamSearch
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of the Arizona District Court. Cf. Rudick v. LairdSearch
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Nelson v. GeorgeSearch
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See Harris v. NelsonSearch
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Donigian v. LairdSearch
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In Jones v. CunninghamSearch
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