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UNITED STATES EX REL. SCHONBRUN v. COMMANDING OFFICER

No. 572, Docket 32505.

403 F.2d 371 (1968)

UNITED STATES of America ex rel. Stephen F. SCHONBRUN, Appellant, v. COMMANDING OFFICER, ARMED FORCES or the Secretary of the Army, or his Agents and/or Servants or the Commanding Officer, Commanding General or His Designee, First Army District, Fort Wadsworth, Staten Island, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided November 7, 1968.

Certiorari Denied March 24, 1969.

Attorney(s) appearing for the Case

Bernard Rosenbloom, Brooklyn, N. Y., for appellant.

Ralph A. Bontempo, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty., for the Eastern District of New York), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

Certiorari Denied March 24, 1969. See 89 S.Ct. 1195.

FRIENDLY, Circuit Judge:

Stephen Schonbrun, a member of the Army Reserves, has sought a writ of habeas corpus releasing him from an order to report for active duty.

Schonbrun enlisted in the reserves on July 28, 1963, and is now a member of the 203d Transportation Company. The unit was activated on May 13, 1968. Anticipating this, in late April he wrote two letters to his Commanding Officer seeking...

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