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McALILEY v. BIRDSONG

No. 71-1352.

451 F.2d 1244 (1971)

John Russell McALILEY, Petitioner-Appellant, v. Brig. General William H. BIRDSONG, Jr., Commanding General United States Armed Forces, Fort Campbell, Kentucky, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 6, 1971.

Attorney(s) appearing for the Case

William H. Allison, Jr., Louisville, Ky., for appellant.

James H. Barr, Asst. U. S. Atty., Louisville, Ky., George J. Long, U. S. Atty., Louisville, Ky., on brief, for appellee.

Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus to obtain Appellant McAliley's release from the allegedly unlawful custody of the United States Army. Appellee Birdsong is the Commanding General at Fort Campbell, Kentucky, where McAliley was stationed when he petitioned the District Court. In his petition for a writ of habeas corpus before the District Court, McAliley challenged the validity of his local draft...

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