Douglas Polsky v. Major General Roderick Wetherill, Commanding Officer, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma

LEWIS, Chief Judge.

This appeal was taken from a judgment of the District Court for the Western District of Oklahoma denying petitioner’s application for a writ of habeas corpus after consideration of the merits of petitioner’s claims. We reversed and remanded with instructions to dismiss for lack of jurisdiction, 10 Cir., 438 F.2d 132. On recommendation of the Solicitor General, the Supreme Court granted certiorari, vacated this court’s judgment and remanded the case for further consideration, 403 U.S. 916, 91 S.Ct. 2232, 29 L.Ed.2d 693. Since the memorandum of the Solicitor General…