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STOLTE v. LAIRD

Civ. A. No. 1764-70.

353 F.Supp. 1392 (1972)

Kenneth W. STOLTE, Jr., Donald F. Amick, Plaintiffs, v. Melvin R. LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, Defendants.

United States District Court, District of Columbia.

December 22, 1972.

Attorney(s) appearing for the Case

Edward F. Sherman, Bloomington, Ind., Melvin L. Wulf and Eugene Z. DuBose, Jr., American Civil Liberties Union Foundation, New York City, Hope Eastman, Washington, D. C., Francis Heisler, Carmel, Cal., for plaintiffs.

Harold H. Titus, Jr., U. S. Atty. for the District of Columbia, E. J. Silbert, Oscar Altshuler, John H. Bayly, Jr., Peter R. Reilly and John T. Kotelly, Asst. U. S. Attys., for defendants.

MEMORANDUM OPINION

AUBREY E. ROBINSON, Jr., District Judge.

This action, initiated as a habeas corpus petition, seeks review of the constitutionality of plaintiffs' convictions of certain offenses by general military court-martial. The case is now before the Court on cross motions for summary judgment.

Plaintiffs are two former members of the United States Army, draftees, who were stationed in February, 1968, at Fort Ord, California.

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