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HAYES v. SECRETARY OF THE ARMY

Civ. A. Nos. 78-152 Erie, 78-153 Erie.

465 F.Supp. 646 (1979)

Michael C. HAYES, Petitioner, v. SECRETARY OF THE ARMY, Clifford Alexander and the Commanding Officer of the 2nd Battalion, 37th Field Artillery, Fort Sill, Oklahoma. Thomas JEFFERSON, Petitioner, v. SECRETARY OF THE ARMY, Clifford Alexander and the Commanding Officer of the 2nd Battalion, 37th Field Artillery, Fort Sill, Oklahoma.

United States District Court, W. D. Pennsylvania.

February 21, 1979.

Attorney(s) appearing for the Case

Orton, Nygaard & Dunlavey, North East, Pa., for petitioners.

Robert J. Cindrich, U. S. Atty., John Paul Garhart, Asst. U. S. Atty., Pittsburgh, Pa., for respondents.

OPINION

WEBER, Chief Judge.

Petitioners were members of an army reserve unit located in the Western District of Pennsylvania who were involuntarily placed on active duty in Fort Sill, Oklahoma, allegedly for failing to comply satisfactorily with their duties as reservists. While within this District on Christmas leave, the Petitioners filed with the Court Petitions for the Issuance of Writs of Habeas Corpus to determine the legality of their call to active...

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