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PAPAIOANNOU v. COMMANDING OFFICER, 1ST U.S. ARMY

No. 74-1344.

509 F.2d 692 (1975)

James PAPAIOANNOU, alias John Doe, Petitioner-Appellant, v. COMMANDING OFFICER, 1ST U.S. ARMY, etc., et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

Ronald J. Resmini, Providence, R. I., with whom Resmini, Fornaro & Colagiovanni, Providence, R. I., was on brief, for appellant.

Constance L. Messore, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on brief, for appellees.

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

PER CURIAM.

Petitioner, who enlisted in the Rhode Island National Guard, challenged the validity of his call to active duty by a petition for both habeas corpus and mandamus. He claims that his activation under 10 U.S.C. § 673a, based upon his having five or more unexcused absences from training assemblies within a year, was illegal in that his unit commander did not follow Army Regulation 135-91, which requests, prior...

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