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UNITED STATES EX REL. DEANS v. CLIFFORD

No. 17794.

420 F.2d 30 (1970)

UNITED STATES of America ex rel. James Anderson DEANS, Sr., a/k/a Richard B. Jenkins, Appellant, v. Honorable Clark CLIFFORD, Secretary of Defense of the United States of America, Honorable Stanley Resor, Secretary of the Army of the United States of America, Major General Kenneth W. Collins, Commander, United States Army, Fort Dix, New Jersey.

United States Court of Appeals Third Circuit.

Decided January 5, 1970.

Attorney(s) appearing for the Case

Edward Carl Broege, Jr., New York City, for appellant.

William Subin, Asst. U. S. Atty., Camden, N. J. & (Donald Horowitz, U. S. Atty., B. Dennis O'Connor, Asst. U. S. Atty., Newark, N. J., on the brief), for appellees.

Before STALEY, SEITZ and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is taken from a District Court order denying relator's petition for a writ of habeas corpus. He has been in the custody of the United States Army since his induction on July 16, 1968.

Most of the facts of this case were stipulated prior to argument before this court, and the stipulation was approved pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure. After conviction on September...

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