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WEST v. CHAFEE

No. 76-1876.

560 F.2d 942 (1977)

William P. WEST, M.D., Appellee, v. John H. CHAFEE, Secretary of the Navy, and Captain S. J. Barcay, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Carl Eardley, Appellate Sec., Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellants; Robert G. Renner, U. S. Atty., Minneapolis, Minn., Morton Hollander, Washington, D. C., Rex E. Lee, Asst. Atty. Gen., Washington, D. C., on brief and Irving Jaffe, Acting Asst. Atty. Gen., Washington, D. C., on appellants' reply brief.

Donald J. Heffernan, St. Paul, Minn., on brief, for appellee.

Before BRIGHT and ROSS, Circuit Judges, and URBOM, District Judge.

URBOM, District Judge.

The appellee, William P. West, a reserve Naval officer, filed a petition for writ of habeas corpus, seeking a determination that his military custody by reason of active duty orders from the Department of the Navy was unlawful. Appellants, the Secretary of the Navy and a Navy captain, defended the activation on the ground that under an existing agreement between the parties West was obligated to serve two years' active duty in the Navy and his...

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