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BONNET v. BYERS

No. 78-3293.

603 F.2d 85 (1979)

Pvt. Robert Kenneth BONNET, USMC, Plaintiff, v. Lt. Col. E. BYERS, USMC, et al., Defendant.

United States Court of Appeals, Ninth Circuit.

August 23, 1979.

Attorney(s) appearing for the Case

David L. McKenzie, Oceanside, Cal., on brief for plaintiff.

Michael E. Quinton, Asst. U. S. Atty., San Diego, Cal., on brief for defendant.

Before BROWNING and TANG, Circuit Judges, and MUECKE, District Judge.

MUECKE, District Judge:

The petitioner, Private Robert Kenneth Bonnet, seeks review of the decision denying his writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, which was denied by the district court on the grounds that there had been a minor breach of the enlistment contract which the Marine Corps had cured. Petitioner seeks to have the writ granted and have this court declare his enlistment contract subject to a rescission by the parties for a material...

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