McFARLANE v. DeYOUNG

No. 25542.

431 F.2d 1197 (1970)

Scott McFARLANE, Appellant, v. Colonel Guy DeYOUNG, Commanding Officer, United States Army, Presidio, San Francisco, California, Appellee.

United States Court of Appeals, Ninth Circuit.

September 2, 1970.


Attorney(s) appearing for the Case

Robert J. Nareau (argued), Young & Nareau, Keith McFarlane, Woodland, Cal., for appellant.

Steven Kalen (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., San Francisco, Cal., for appellee.

Before KILKENNY and TRASK, Circuit Judges, and FERGUSON, District Judge.


PER CURIAM:

This appeal from a denial of a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241(c) involves the obligations of a soldier in the United States Army for alleged absence from duty without proper authority, as set forth in Beaty v. Kenan, 420 F.2d 55 (9th Cir. 1969).

The matter was determined by the district court with the assent of the parties, based upon the respondent's return to an order...

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