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KEPPLE v. LAIRD

No. 14-70.

319 F.Supp. 1342 (1970)

Richard M. KEPPLE, Petitioner, v. Melvin R. LAIRD et al., Respondents.

United States District Court, District of Columbia.

April 1, 1970.

Attorney(s) appearing for the Case

Jeremiah S. Gutman, Levy, Gutman & Goldberg, New York City, and Eric M. Blumberg, Washington, D. C., for petitioner.

Attorneys for petitioner gratefully acknowledge the assistance of Mr. Edwin J. Oppenheimer, Jr., law clerk of the New York Civil Liberties Union and Mr. Eugene Harley, law student at Fordham University and clerk at Levy, Gutman and Goldberg.

Thomas A. Flannery, U. S. Atty., Harold H. Titus, Jr., Principal Asst. U. S. Atty., Oscar Altshuler, John T. Kotelly, Asst. U. S. Attys., Department of Justice, Washington, D. C., for respondents.

MEMORANDUM OPINION

WADDY, District Judge.

This case comes before the Court on a return to a rule to show cause which was issued upon a petition for a Writ of Habeas Corpus. In the main the facts are not in dispute. Petitioner, Richard Kepple, enlisted in the United States Army on April 18, 1968. He completed basic training and advanced individual training at Fort Gordon, Georgia. In December of 1968 he was ordered to report to the Overseas Replacement Station...

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