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UNITED STATES EX REL. BAILEY v. U. S. C. O., OF P. M., U. S. ARMY

No. 74-1023.

496 F.2d 324 (1974)

UNITED STATES of America ex rel. Gerard A. BAILEY, Petitioner, Appellant, v. U. S. COMMANDING OFFICER OF the OFFICE OF the PROVOST MARSHAL, U. S. ARMY, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 15, 1974.

Attorney(s) appearing for the Case

Mel L. Greenberg, Worcester, Mass., with whom Teshoian, Greenberg & Drapos, Worcester, Mass., was on brief, for petitioner, appellant.

Robert B. Collings, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for respondent, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This petition for a writ of habeas corpus, seeking injunctive and declaratory relief from a specific Army regulation, the merits of which are irrelevant here, was filed the day after petitioner, who had been absent without authorization from the Army, entered military custody. While the present petition was pending in the district court, petitioner again absented himself without proper leave. The government filed a motion to dismiss, which was...

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