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MORGAN v. UNDERWOOD

No. 26728.

406 F.2d 1253 (1969)

Application of W. Edward MORGAN on behalf of Luis Moreno Lizarraga, Serviceman, Petitioner-Appellant, v. G. V. UNDERWOOD, Maj. General, Commanding Officer, Fort Bliss, Texas, et al., Respondents-Appellees.

United States Court of Appeals Fifth Circuit.

February 7, 1969.

Attorney(s) appearing for the Case

W. Edward Morgan, Tucson, Ariz., for appellant.

Ernest Morgan, U. S. Atty., Ray Caballero, Asst. U. S. Atty., El Paso, Tex., for appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

By the route of habeas corpus, Luis Moreno Lizarraga seeks his release from the United States Army. Unsuccessful in the court below, Lizarraga has appealed to this Court. We have carefully studied the briefs and record, and have determined that this appeal is appropriate for summary disposition without oral argument. Pursuant to new Rule 18 of the Rules of the United States Court of Appeals for the Fifth Circuit, the Clerk of this Court has...

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