DIX v. ROLLINS

No. 19724.

413 F.2d 711 (1969)

James E. DIX, Appellant, v. A. P. ROLLINS, Jr., Maj. Gen., U. S. A., et al., Appellees.

United States Court of Appeals Eighth Circuit.

July 29, 1969.


Attorney(s) appearing for the Case

Tom Mendelson, St. Louis, Mo., for appellant.

Vernon A. Poschel, Asst. U. S. Atty., Kansas City, Mo., for appellees, Calvin K. Hamilton, U. S. Atty., on the brief.

Before VAN OOSTERHOUT, Chief Judge and MEHAFFY and GIBSON, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

This is a timely appeal from the final order of the District Court dismissing upon the Government's motion the petition of James E. Dix for a writ of habeas corpus directing his release from active army service. Jurisdiction of the trial court was invoked under 28 U.S.C. A. § 2241. Upon motion of Dix, hearing upon this appeal has been expedited.

The pertinent facts have all been stipulated. No dispute as to material facts...

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