McKENNEY v. IRZYK

Misc. Civ. No. 70-79.

317 F.Supp. 1051 (1970)

Quentin E. McKENNEY, Jr., Petitioner, v. Albin F. IRZYK, as he is Commanding Officer of Fort Devens, Stanley R. Resor, as he is Secretary of the Army, and Melvin R. Laird, as he is Secretary of Defense.

United States District Court, D. Massachusetts.

October 6, 1970.


Attorney(s) appearing for the Case

Peter Terris, Palmer & Dodge, Boston, Mass., for plaintiff.

Herbert F. Travers, U. S. Atty., Paul Ware, Jr., Boston, Mass., for defendant.


OPINION

GARRITY, District Judge.

This matter came before the court on a petition for a writ of habeas corpus filed on July 14, 1970. There is no dispute about the underlying facts. The petitioner, PFC Quentin E. McKenney, Jr., is on active duty with the United States Army and has been under the custody and control of the military authorities at Fort Devens, Massachusetts, since January 22, 1970. On February 17 petitioner submitted to his commanding officer...

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