PEAVY v. WARNER

No. 73-3718 Summary Calendar.

493 F.2d 748 (1974)

Dan Hubert PEAVY, Plaintiff-Appellant, v. John W. WARNER, Secretary of the Navy, and Captain Dean Webster, Commanding Officer, Naval Air Station, Albany, Georgia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 8, 1974.


Attorney(s) appearing for the Case

Joseph M. Beck, George B. Haley, Jr., Atlanta, Ga., Jesse W. Walters, Albany, Ga., for plaintiff-appellant.

Elliot L. Richardson, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., William J. Schloth, U. S. Atty., Earl W. Carson, Jr., Asst. U. S. Atty., Macon, Ga., for defendants-appellees.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.


GEE, Circuit Judge:

Peavy appeals from the district court's denial of his writ of habeas corpus in which he sought cancellation of his two year enlistment extension in the Navy. Concluding that the court below applied the wrong standard of review and seemingly failed to make findings as to the most important aspect of Peavy's claim, we reverse and remand for further proceedings.

October 20, 1969, Peavy joined the Navy. On November 6, 1969 in exchange for advanced...

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