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UNITED STATES v. JACK

No. 80, Docket 29770.

351 F.2d 672 (1965)

UNITED STATES of America ex rel. Eugene McKIEVER, Relator-Appellant, v. Richard G. JACK, Commanding Officer, U. S. Naval Receiving Station, Brooklyn, New York, and Paul Henry Nitze, Secretary of the Navy, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided October 18, 1965.

Attorney(s) appearing for the Case

Floyd E. Feldman, New York City, (Jeffrey M. Kassover, Rowland Watts, New York City, of counsel), for relator-appellant.

George L. Barnett, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty.), Eastern District of New York, for respondents-appellees.

Before WATERMAN, HAYS and ANDERSON, Circuit Judges.

PER CURIAM:

Relator appeals from the dismissal of the court below of his petition seeking the grant of a habeas corpus writ. He alleged in his petition that he was detained at the U. S. Naval Receiving Station in Brooklyn, New York, by the respondents-appellees Secretary of the Navy and the Commanding Officer of that Station under the pretense that he was allegedly a Steward in the U.S. Navy when in truth he was not a Steward but had been discriminated against in...

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