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WALLACE v. CHAFEE

Civ. No. 70-215-T.

323 F.Supp. 902 (1971)

James M. WALLACE, PFC, USMCR, Petitioner, v. John H. CHAFEE, Secretary of the Navy, Leonard F. Chapman, Lt. Gen., USMC, Commandant of the Marine Corps, Richard B. Newport, Col., USMC, Director 12th Marine Corps Dist., Robert E. King, Lt. Col., USMCR, Commanding Officer, 4th Tank Bn., Respondents.

United States District Court, S. D. California.

March 17, 1971.

Attorney(s) appearing for the Case

Earle A. Partington, San Francisco, Cal., for petitioner.

Harry D. Steward, U. S. Atty., Raymond F. Zvetina, Asst. U. S. Atty., San Diego, Cal., for respondents.

MEMORANDUM OF DECISION

TURRENTINE, District Judge.

This is a military habeas corpus action brought by an enlisted man in the U. S. Marine Corps Reserve seeking relief from the sentence of a summary court-martial on the ground that it lacked jurisdiction. The court has considered the pleadings, affidavits and memoranda on file as well as evidence and oral argument adduced at an evidentiary hearing. This memorandum...

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