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TALMAGE v. FROEHLKE

Civ. No. C-C-72-122.

345 F.Supp. 1361 (1972)

John TALMAGE, Plaintiff-Petitioner, v. Robert FROEHLKE, in his capacity as Secretary of the Army, and the Sheriff of Mecklenburg County, Defendants-Respondents.

United States District Court, W. D. North Carolina, Charlotte Division.

July 11, 1972.

Attorney(s) appearing for the Case

James E. Keenan, Durham, N. C., Paul, Keenan & Rowan, Durham, N. C., for plaintiff-petitioner.

Hugh J. Beard, Jr., Asst. U. S. Atty., Charlotte, N. C., for defendants-respondents.

FINDINGS AND CONCLUSIONS IN SUPPORT OF ORDER OF HABEAS CORPUS

McMILLAN, District Judge.

In this action, filed June 8, 1972, plaintiff-petitioner (hereafter "Talmage") sought writs of habeas corpus and mandamus compelling defendants-respondents to release him from their custody. Specifically, Talmage contended in his verified petition that he was being held in custody charged as a deserter from the United States Army, see 10 U.S.C. § 886, unlawfully...

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