KONN v. LAIRD

No. 70-C-673.

323 F.Supp. 1 (1971)

David A. KONN, Plaintiff, v. Hon. Melvin R. LAIRD, Secretary of Defense, Hon. Stanley R. Resor, Secretary of the Army, Commanding General, United States Army Reception Station, Ft. Leonard Wood, Missouri, Commanding General, Fifth United States Army, Ft. Sheridan, Illinois, Commanding General, 84th Division (TNG), 5130 West Silver Spring Drive, Milwaukee, Wisconsin, Defendants.

United States District Court, E. D. Wisconsin.

February 26, 1971.


Attorney(s) appearing for the Case

David J. Cannon, U. S. Atty., by Terry Mitchell, Asst. U. S. Atty., Milwaukee, Wis., for defendants.

Harold Southerland, of Quarles, Herriott, Clemons, Teschner & Noelke, Milwaukee, Wis., for plaintiff.


DECISION and ORDER

MYRON L. GORDON, District Judge.

The complaint in this case seeks to bar the defendants from requiring the plaintiff to respond to active duty orders which had been issued to him. The plaintiff asks for a writ of habeas corpus, requiring the defendants to release him from the army's custody and also for a writ of mandamus which would compel the defendants to cancel the plaintiff's involuntary active duty orders. The court denied the preliminary...

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