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EVEN v. CLIFFORD

No. 68-132-S.

287 F.Supp. 334 (1968)

Petition of Private Albert J. EVEN, Jr., 2055010, USMC, Petitioner, v. Honorable Clark M. CLIFFORD, Secretary of Defense; Honorable P. R. Ignatius, Secretary of the Navy; General Leonard F. Chapman, Commandant of the Marine Corps; Lieutenant General Lewis B. Hershey, National Director, Selective Service System; Major General Lewis Fields, Commanding General, Marine Corps Base, Camp Pendleton, California; Colonel R. W. Anderson, Commanding Officer, Base Staging Battalion, Camp Pendleton, California, Respondents.

United States District Court S. D. California.

July 25, 1968.

Attorney(s) appearing for the Case

Kenneth A. Barwick, of Davies, Barwick & Knowlton, Lemon Grove, Cal., for petitioner.

Raymond F. Zvetina, Asst. U. S. Atty., San Diego, Cal., for respondents.

MEMORANDUM OF OPINION AND DECISION

EDWARD J. SCHWARTZ, District Judge.

FACTS

This is a petition for a writ of habeas corpus and for injunctive relief and an action for a judgment declaring invalid orders issued petitioner under date of 19 October, 1967 assigning him to involuntary active duty for a period of 18 months in the United States Marine Corps.

On April 4, 1964, petitioner enlisted in...

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