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BARR v. WEISE

No. 68 Civ. 3051.

293 F.Supp. 7 (1968)

Petition of Aaron BARR For a Writ of Habeas Corpus v. Robert W. WEISE, Adjutant General, Department of the Army, U. S. Army Administration Center, St. Louis, Missouri; Stanley R. Resor, Secretary of the Army, Pentagon, Washington, D. C.; Macon A. Hipp, Colonel, Commanding Officer, Fort McClellen, Anniston, Alabama.

United States District Court S. D. New York.

On Rehearing October 10, 1968.

Attorney(s) appearing for the Case

Linden & Deutsch, New York City, for petitioner; David Blasband, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for respondents; Patricia M. Hynes, Asst. U. S. Atty., of counsel.

MEMORANDUM

TENNEY, District Judge.

Petitioner, pursuant to 28 U.S.C. § 2241, seeks a writ of habeas corpus to restrain his alleged unlawful detention by the United States Army, and to obtain judicial review of the denial by the Department of the Army (hereinafter referred to as "the Army") of his application for discharge based on his status as a full-time student of the ministry in the Church of Scientology.

The facts indicate that in May,...

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