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BENWAY v. BARNHILL

Civ. A. No. 4093.

300 F.Supp. 483 (1969)

Donald BENWAY, Petitioner, v. Capt. Bruce BARNHILL, Commanding Officer of the Newport Naval Hospital, Newport, Rhode Island.

United States District Court D. Rhode Island.

June 20, 1969.

Attorney(s) appearing for the Case

Seth K. Gifford, Providence, R. I., for petitioner.

Edward P. Gallogly, U. S. Atty., Frederick W. Faerber, Asst. U. S. Atty., Providence, R. I., for respondent.

OPINION

DAY, Chief Judge.

This is a petition for a writ of habeas corpus under the provisions of 28 U.S.C. § 2241(c) by Donald Benway, a member of the United States Navy, assigned to the Naval Hospital at Newport, Rhode Island, to test the legality of his detention in the Navy.

Upon the filing of said petition and after a consideration of its allegations, I entered an order to show cause under the provisions of 28 U.S.C. § 2243. Thereafter...

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