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BAUGH v. BENNETT

Civ. No. 1-71-2.

329 F.Supp. 20 (1971)

John Earl BAUGH, Petitioner, v. Major General George B. BENNETT, Adjutant General for the State of Idaho, and Lt. General S. R. Larsen, Commanding General of the Sixth U. S. Army, Respondents.

United States District Court, D. Idaho.

June 10, 1971.

Attorney(s) appearing for the Case

Michael Donnelly, Caldwell, Idaho, for petitioner.

Don McClenahan, McClenahan & Greenfield, Winston H. Churchill, Wallis, Churchill & Gabbert, Boise, Idaho, for respondent.

Sidney E. Smith, U. S. Atty., Boise, Idaho, for Lt. Gen. S. R. Larsen.

MEMORANDUM DECISION and ORDER

McNICHOLS, Chief Judge.

This is a habeas corpus proceeding initiated by the petitioner, John Earl Baugh (hereinafter Baugh), a member of the Idaho Army National Guard. He has been involuntarily ordered to active duty with the Army upon a determination that he has not satisfactorily performed his duties under his contract with the Guard. This action is brought against his superior military officers under the provisions of 28...

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