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FELICIANO v. LAIRD

No. 669, Docket 34560.

426 F.2d 424 (1970)

Luis FELICIANO, Petitioner-Appellant, v. Hon. Melvin R. LAIRD, Secretary of Defense, Hon. Stanley Resor, Secretary of the Army, Commanding Officer, Fort Wadsworth, Staten Island, New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Chester L. Mirsky, New York City, for petitioner-appellant.

James A. Pascarella, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., Eastern District of New York, on the brief), for respondents-appellees.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and DOOLING, District Judge.

LUMBARD, Chief Judge:

Petitioner Luis Feliciano appeals from an order of the United States District Court for the Eastern District of New York which denied his petition for a writ of habeas corpus for release from the Army or, in the alternative, for a mandamus to compel the Army to grant him compassionate reassignment to the New York City area. Finding that the Army has not followed its own regulations governing the processing of hardship discharges, we reverse and...

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