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UNITED STATES EX REL. CRANE v. LAIRD

Civ. 70-336.

315 F.Supp. 837 (1970)

UNITED STATES of America ex rel. Alan Kent CRANE, Petitioner, v. Melvin R. LAIRD, Secretary of Defense of the United States, Stanley S. Resor, Secretary of the Army of the United States, Colonel Ellis Fuller, Commanding Officer, Oakland Army Base, and Captain Orval Stewart, Superintendent of the City-County Jail in Eugene, Oregon, Respondents.

United States District Court, D. Oregon.

August 5, 1970.

Attorney(s) appearing for the Case

Charles O. Porter, Eugene, Or., for plaintiff.

Sidney I. Lezak, U. S. Atty., Norman Sepenuk, Asst. U. S. Atty., Portland, Or., for respondents.

OPINION

ALFRED T. GOODWIN, District Judge:

Crane, an Army enlisted man absent without leave, surrendered to civilian police in Eugene, Oregon, and immediately brought habeas corpus to test the constitutionality of Army Regulation 635-20.

As revised March 6, 1970, the Regulation provides in material part:

"6. Assignment. a. * * * An individual who has departed his unit of assignment in compliance with reassignment orders may not make...

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