COMMANDING OFFICER US ARMY BASE v. United States

• Decision Date: 22 October 1953
• Docket Number: No. 11949.,11949.
• Citation: 207 F.2d 499
• Parties: COMMANDING OFFICER UNITED STATES ARMY BASE, CAMP BRECKINRIDGE, KY. v. UNITED STATES ex rel. BUMANIS.
• Court: U.S. Court of Appeals — Sixth Circuit

207 F.2d 499 (1953)

COMMANDING OFFICER UNITED STATES ARMY BASE, CAMP BRECKINRIDGE, KY. v. UNITED STATES ex rel. BUMANIS.

No. 11949.

United States Court of Appeals Sixth Circuit.

October 22, 1953.

Charles F. Wood, Asst. U. S. Atty., Louisville, Ky., for Commanding Officer.

John A. Fulton, Louisville, Ky., for Osvalds Bumanis.

Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

In the court below, Osvalds Bumanis, a citizen of Latvia, sought a Writ of Habeas Corpus to inquire into his alleged illegal detention by the Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky, on the ground that he was unlawfully inducted into service pursuant to the Selective Service Acts, 50 U.S.C.A.Appendix, § 451 et seq., in violation of the provisions of a Treaty between Latvia and the United States, 45 Stat. 2641. The application was styled United States, ex rel. Osvalds Bumanis, Relator, v. Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky. The United States was not made a party defendant. The District Judge sustained Bumanis' contention and on February 26, 1953, entered an order directing the Commanding Officer to release the petitioner from custody.

On April 23, 1953, the United States of America filed in the District Court a Notice of Appeal from the order of February 26, 1953, and on June 2 and 4, 1953, it filed in this court the certified record of the proceedings below. Pursuant to the Notice of Appeal the case was docketed in the Clerk's office under the style of United States of America, ex rel. Osvalds O. Bumanis, Appellant, v. Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky, Appellee. On June 23, 1953, and on July 29, 1953, orders were entered in this court extending the time for filing briefs on behalf of the appellant, pursuant to written stipulations between the United States as appellant and Bumanis, and thereafter on August 8, 1953, printed briefs were filed in this court on behalf of the appellant. These briefs were styled United States of America, ex rel. Osvalds O. Bumanis, Relator, Appellant, v. Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky, Appellee.

Thereafter, following correspondence between the Clerk's office and the office of the United States District Attorney, the proceeding was redocketed in the Clerk's office under the style of Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky, Appellant v. United States of America, ex rel. Osvalds O. Bumanis, Appellee.

On September 25, 1953, the attorney for Bumanis, designating himself as "attorney for appellee, United States of America, ex rel. Osvalds Bumanis" moved to dismiss the appeal on the ground that the Commanding Officer, respondent below, who was the only party who could appeal from the order of the District Court, had failed to do so and the time for so doing had expired. On October 1, 1953, the United States District Attorney appearing for the "appellant, Commanding Officer, United States Army Base, Camp Breckinridge, Kentucky," moved the court to correct the style of the appeal so as to read as follows: Commanding Officer, U. S. Army Base, Camp Breckinridge, Kentucky, Appellant, v. United States of America, ex rel. Osvalds O. Bumanis, Appellee. These motions are now before us for disposition.

In the proceedings in the District Court, the petitioner properly proceeded against the Commanding Officer of the United States Army Base. Jones v. Biddle, Atty. Gen., 8 Cir., 63 S.Ct. 856, 87 L.Ed. 1152, 131 F.2d 853, certiorari denied 318 U.S. 784, rehearing denied 319 U.S. 780, 63 S.Ct. 1027, 87 L. Ed. 1725; Id., 319 U.S. 784, 63 S.Ct. 1325, 87 L.Ed. 1728; United States ex rel. Goodman v. Roberts, 2 Cir., 152 F.2d 841, certiorari denied 328 U.S. 873, 66 S.Ct. 1377, 90 L.Ed. 1642. See Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898. Upon the entry of the judgment of February 26, 1953 in favor of the petitioner the said Commanding Officer was the proper party to prosecute an appeal from that order. Collins v. Miller, Marshal, 252 U.S. 364,...