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SULLIVAN v. SWATKZA

No. 10878.

148 F.2d 965 (1945)

SULLIVAN, Commanding Officer, Fort Lewis, Wash., et al., v. SWATZKA.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 12, 1945.

Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., of Seattle, Wash., Guy A. B. Dovell, Asst. U. S. Atty., of Tacoma, Wash., Lieutenant-Colonel Donald L. Gaines, Judge Advocate's Office, and Frederick V. Betts, Judge Advocate's Office, both of Fort Lewis, Wash., for appellants.

Allan A. Bynon and Gerald J. Meindl, both of Portland, Ore., for appellee.

Before HEALY and BONE, Circuit Judges, and McCOLLOCH, District Judge.

McCOLLOCH, District Judge.

This is an appeal by the Commanding Officer, and the Commanding Officer, Reception Center, Fort Lewis, Washington, from an order in a habeas corpus proceeding discharging John Gale Swatzka from the army. The proceeding was brought by registrant's father on the ground that registrant's draft board in Linn County, Oregon, had arbitrarily and capriciously denied registrant's claim for agricultural deferment under the Miller-Tydings Amendment...

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