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KINNELL v. WARNER

Civ. No. 72-3693.

356 F.Supp. 779 (1973)

Jeffrey G. KINNELL, Petitioner, v. John WARNER, Secretary of the Navy, et al., Respondents.

United States District Court, D. Hawaii.

February 23, 1973.

Attorney(s) appearing for the Case

Michael R. Sherwood, Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, Hawaii, for petitioner.

Robert K. Fukuda, U. S. Atty., Jon T. Miho, Asst. U. S. Atty., Honolulu, Hawaii, for respondents.

MEMORANDUM DECISION ON ORDER DENYING RESPONDENTS' MOTION TO DISMISS

PENCE, Chief Judge.

Petitioner, a member of the United States Navy, is now on the South China Seas aboard the aircraft carrier U.S.S. Enterprise, and was so located on November 22, 1972 when he filed a petition for writ of habeas corpus in this court. On December 1, 1972, the government moved for dismissal, maintaining that petitioner must be physically present within the territorial jurisdiction...

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