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SHELTON v. BRUNSON

No. 72-1042.

465 F.2d 144 (1972)

Michael J. SHELTON, Petitioner-Appellant, v. Carl L. BRUNSON, Col. U. S. Air Force, Commander 3500th Pilot Training Wing, Reese Air Force Base, Texas, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 1972.

Attorney(s) appearing for the Case

John J. C. O'Shea, Lubbock, Tex., for petitioner-appellant.

Eldon B. Mahon, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., Robert B. Wilson, Asst. U. S. Atty., Lubbock, Tex., Carl A. Corrallo, Litigation Div., USAF, Office of Judge Advocate General, Washington, D. C., for respondents-appellees; C. Claude Teagarden, Lt. Colonel, USAF, Litigation Div., Office of The Judge Advocate General, Washington, D. C., of counsel.

Before BELL, GOLDBERG and RONEY, Circuit Judges.

BELL, Circuit Judge:

This is an appeal from the denial of habeas corpus relief to appellant, an Air Force sergeant. The decision of the district court is reported. Shelton v. Brunson, N.D.Tex., 1971, 335 F.Supp. 186. We affirm in part and vacate and remand in part for further proceedings.

The petition for the writ was directed to effecting appellant's discharge from the Air Force on the ground that he was being held in...

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