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UNITED STATES EX REL. RASMUSSEN v. COMMANDING OFFICER

No. 20147.

430 F.2d 832 (1970)

UNITED STATES of America ex rel. Dennis RASMUSSEN, Appellant, v. COMMANDING OFFICER, UNITED STATES ARMED FORCES EXAMINING AND ENTRANCE STATION, FORT DES MOINES, DES MOINES, IOWA, Appellee.

United States Court of Appeals, Eighth Circuit.

August 6, 1970.

Attorney(s) appearing for the Case

Dan Johnston, of Jesse, LeTourneau & Johnston, Des Moines, Iowa, for appellant.

Richard J. Barry, Asst. U. S. Atty., Des Moines, Iowa, for appellee; Allen L. Donielson, U. S. Atty., on the brief.

Before VOGEL, Senior Circuit Judge, and GIBSON and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

This is an appeal from the District Court's denial of appellant's application for writ of habeas corpus seeking release from the Armed Forces of the United States. The District Court's1 memorandum opinion delineates in chronological order the facts pertinent to the disposition of this case:

"Petitioner Dennis Rasmussen, age 20, is a resident of Goldfield, Humboldt County, Iowa. In September 1967 petitioner...

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