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ALLGOOD v. KENAN

No. 24716.

470 F.2d 1071 (1972)

James ALLGOOD, Petitioner-Appellee, v. Major General Thomas A. KENAN, USA, etc., et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

December 19, 1972.

Attorney(s) appearing for the Case

Robert E. Kopp, Atty. (argued), Robert V. Zener, Atty., William D. Ruckelshaus, Asst. Atty. Gen., Washington, D.C., Cecil F. Poole, U.S. Atty., Sheldon Deutsch, Asst. U.S. Atty., San Francisco, Cal., for respondents-appellants.

Richard Silver (argued), Francis Heisler, of Heisler & Stewart, Carmel, Cal., for petitioner-appellee.

Before KOELSCH, BROWNING and HUFSTEDLER, Circuit Judges.

KOELSCH, Circuit Judge.

Appellee Allgood was inducted into the United States Army in February 1966, and was assigned to Fort Ord, California. After two weeks of recruit training, he absented himself without permission for some six weeks. Upon his return, while court-martial charges were pending, an Army psychiatrist, Doctor Jewett, examined Allgood and found him to have a "passive-dependent" personality disorder, and opined that Allgood was "basically unsuitable"...

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