KIRCHHOFF v. McLARTY

No. 71-1042.

453 F.2d 1097 (1972)

Thomas Dean KIRCHHOFF, Appellant, v. Major William D. McLARTY, Commanding Officer, Armed Forces Entrance & Examining Station, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

January 24, 1972.


Attorney(s) appearing for the Case

Philip F. Horning, of Bulla & Horning, Oklahoma City, Okl., for appellant.

O. B. Johnston III, Asst. U. S. Atty. (William R. Burkett, U. S. Atty. on the brief), for appellees.

Before SETH, HAMLEY, and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

This is an appeal from an order of the United States District Court for the Western District of Oklahoma, denying a petition for a writ of habeas corpus by a member of the armed forces.

On May 14, 1970, appellant, Thomas Dean Kirchhoff, was classified I-A by his local draft board. At the time of this classification, appellant was twenty years old, married, and expecting his first child. On May...

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