BEATY v. KENAN

No. 24745.

420 F.2d 55 (1969)

Richard G. BEATY, Plaintiff-Appellant, v. Major General T. A. KENAN, Commanding Officer, United States Army Training Center, Ford Ord, California, Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

December 23, 1969.


Attorney(s) appearing for the Case

Charles C. Marson (argued), Staff Council, ACLU, Paul N. Halvonik, ACLU, San Francisco, Cal., for appellant.

Steven Kazan (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BARNES, HAMLEY and KILKENNY, Circuit Judges.


BARNES, Circuit Judge:

This appeal involves the obligation of a soldier in the United States Army to clarify his orders to report to duty when such orders contain no specific time for reporting. The extent of that obligation determines the applicability of 10 U.S.C. § 972, and if applicable, the additional time, if any, he must serve in the Army.

Appellant petitioned the district court for a writ of habeas corpus under 28 U. S.C. § 2241(c). Upon...

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