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UNITED STATES EX REL. JOHNSON v. RESOR

Civ. A. No. 1652.

332 F.Supp. 1280 (1971)

UNITED STATES ex rel. James S. JOHNSON, Pvt. E-2, United States Army, SSAN: 497-50-5522, Petitioner, v. Stanley R. RESOR, Secretary of the Army, and Commanding General, Fort Gordon, Georgia, Respondents.

United States District Court, S. D. Georgia, Augusta Division.

Final Order October 8, 1971.

Attorney(s) appearing for the Case

Peter E. Rindskopf, Atlanta, for petitioner.

R. Jackson B. Smith, U. S. Atty., Edmund A. Booth, Jr., Asst. U. S. Atty., Augusta, Ga., for respondents.

ORDER

LAWRENCE, Chief Judge.

Petitioner seeks discharge from the Army claiming that he was unlawfully inducted on September 28, 1970 and that he is being illegally held in custody by the Respondents. Private Johnson claims that he was denied procedural due process and that there was a violation of Army Regulations in that (a) he should have been classified I-S(C)1 by the Local Board instead of I-A; (b) that he was not given thirty...

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