SUTTON v. LAIRD

No. 72-1542.

468 F.2d 1376 (1972)

George R. SUTTON, Petitioner-Appellee, v. Melvin R. LAIRD, Secretary of Defense, et al., Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

November 8, 1972.


Attorney(s) appearing for the Case

C. Nelson Day, U. S. Atty., Glenn J. Mecham, Asst. U. S. Atty., Salt Lake City, Utah, for respondents-appellants.

David S. Dolowitz and Brian M. Barnard, Salt Lake City, Utah, for petitioner-appellee.

Before PICKETT, HOLLOWAY and McWILLIAMS, Circuit Judges.


PER CURIAM.

Sutton, a serviceman on active duty with the United States Army, sought and was granted habeas corpus relief in the form of immediate discharge from the armed forces. Appellants contend that the district court did not have jurisdiction to entertain Sutton's action for want of the necessary custodian within its territorial limits. The sole question confronting us is whether jurisdiction vested in the District of Utah.

In June of 1971, while stationed...

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