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UNITED STATES EX REL. SLEDJESKI v. COMMANDING OFFICER

No. 474, Docket 72-1407.

478 F.2d 1147 (1973)

UNITED STATES of America ex rel. Francis J. SLEDJESKI, Petitioner-Appellant, v. COMMANDING OFFICER, ARMED FORCES or the Secretary of the Navy, or his Agents or Servants or the Commandant of the Marine Corps or his Agents and/or Servants, Commanding General Fourth Marine Division or his designee, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Stephen M. Seelig, Stamford, Conn., for petitioner-appellant.

Peter A. Clark, Asst. U. S. Atty., D. of Conn., New Haven, Conn. (Stewart H. Jones, U. S. Atty., D. Conn., New Haven, Conn., of counsel), for respondents-appellees.

Before FEINBERG, MULLIGAN and TIMBERS, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from the denial of a petition for habeas corpus and for injunctive relief from an order assigning Private Francis Sledjeski, a Marine Corps Reservist, to involuntary active duty. Petitioner's motion for an order to show cause was filed on December 27, 1971 and amendments to the petition were filed on December 31, 1971 and January 12, 1972. After hearings held on January 3 and 4, the Hon. Robert C. Zampano, District Court...

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