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SCHULTZ v. CLIFFORD

No. 19583.

417 F.2d 775 (1969)

Darwin Earl SCHULTZ, Appellant, v. Honorable Clark CLIFFORD, Secretary of Defense, and the Commanding Officer of Fort Leonard Wood, Missouri, the Sheriff of Hennepin County, and the Agent in Charge of the Office of the Federal Bureau of Investigation in Minneapolis, Minnesota, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 17, 1969.

Attorney(s) appearing for the Case

Chester A. Bruvold, Minneapolis, Minn., for appellant, and filed briefs.

Neal J. Shapiro, Asst. U. S. Atty., Minneapolis, Minn., for appellees, Patrick J. Foley, U. S. Atty., on the brief.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.

PER CURIAM.

Darwin Earl Schultz, a member of the Army Reserve, refused to report to Fort Leonard Wood, Missouri, when called to active duty. Thereafter, he was arrested as a possible deserter from the armed forces. He petitioned the district court seeking release from his arrest and seeking to bar the Army from exercising any jurisdiction over his person. The trial court denied the writ and the petitioner appeals. We have jurisdiction, 28 U.S.C. § 2253, and we...

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