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SCHWARTZ v. FRANKLIN

No. 23265.

412 F.2d 736 (1969)

Louis R. SCHWARTZ, Appellant, v. Major General John FRANKLIN, Commanding General, VIth U. S. Army, Presidio, San Francisco, California, and Lt. William Bowman, Commanding Officer of the Stockade, Presidio, San Francisco, California, Appellees.

United States Court of Appeals Ninth Circuit.

June 10, 1969.

Attorney(s) appearing for the Case

Richard McAdams (argued), Hugh B. Miller, of Jarvis, Miller & Stender, San Francisco, Cal., for appellant.

Jerry K. Crimmet, Asst. U. S. Atty. (argued), Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

Louis R. Schwartz appeals the denial of his petition for habeas corpus from the United States Army. The District Court had jurisdiction under 28 U. S.C. § 2241. Hammond v. Lenfest, 398 F.2d 705 (2d Cir.1968). Our jurisdiction is based on 28 U.S.C. § 2253.

Schwartz enlisted in the Army Reserves in September, 1965. He signed a contract which said:

"If in any year I fail to perform...

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