No. 9939. Argued November 8, 1949. December 15, 1949. Karl I. Schofield, Philadelphia, Pa., for appellant. James P. McCormick, Asst. U.S. Atty., Philadelphia (Gerald A. Gleeson, U.S. Atty. and Frank P. Braden, Philadelphia, Pa., on the brief), for appellee. Before MARIS and GOODRICH, Circuit Judges, and CLARY, District Judge. CLARY, District Judge. This is an appeal from a judgment of the United States District Court for the Eastern District of Pennsylvania discharging a writ of habeas corpus sued