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BALDWIN v. CRAM

No. 1039, Docket 74-2602.

522 F.2d 910 (1975)

Ralph Edward BALDWIN, Petitioner-Appellant, v. Major General Reginald M. CRAM, Adjutant General, National Guard of the United States, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided September 10, 1975.

Attorney(s) appearing for the Case

Mary Just Skinner, Vermont Legal Aid, Inc., Montpelier, Vt., for petitioner-appellant.

Jerome F. O'Neill, Asst. U. S. Atty. (George W. F. Cook, U. S. Atty. for the District of Vermont, William B. Gray, Asst. U. S. Atty., on the brief), for appellees.

Before SMITH, ANDERSON and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from the dismissal of a writ seeking relief against an order compelling a National Guardsman to report to active army duty. It involves the question whether the courts may review the refusal of the Army to discharge a person on the basis of his claim to be "unfit" to be a soldier when he is absent without leave. More precisely, the question sought to be raised is whether Army Regulation 635-212 (AR 635-212) governing discharge...

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