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BOUTHILLETTE v. COMMANDING OFFICER, NEWPORT NAVAL BASE, NEWPORT, RHODE ISLAND

Civ. A. No. 4347.

318 F.Supp. 1143 (1970)

Guy R. BOUTHILLETTE, Petitioner, v. COMMANDING OFFICER, NEWPORT NAVAL BASE, NEWPORT, RHODE ISLAND, Secretary of the Navy, and Secretary of Defense, Respondents.

United States District Court, D. Rhode Island.

October 9, 1970.

Attorney(s) appearing for the Case

Philip A. Mason, Boston, Mass., Albert B. West, Providence, R. I., for petitioner.

Lincoln C. Almond, U. S. Atty., and Joseph C. Johnston, Jr., and Everett Sammartino, Asst. U. S. Attys., Providence, R. I., for respondents.

OPINION

PETTINE, District Judge.

This matter is before the court on a petition for a writ of habeas corpus directed against the respondents alleging that the petitioner is being illegally restrained of his liberty at the Newport Naval Base, Newport, Rhode Island.

Jurisdiction

Jurisdiction is founded on 28 U.S.C. § 2241 and 28 U.S.C. § 1391(e) in that the petitioner and respondent Commanding Officer are present in the District...

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