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PENCE v. BROWN

No. 80-1052.

627 F.2d 872 (1980)

John W. PENCE, M.D., Appellee, v. Harold BROWN, Secretary of Defense; and Hans Mark, Acting Secretary of Air Force; and Edwin C. Hudson, Colonel, USAF, Director, Personnel Actions, Colonel Charles Lipscomb, Wing Commander, and Colonel Kenneth Curtis, Hospital Commander, USAF, Regional Hospital, Minot AFB, North Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1980.

Attorney(s) appearing for the Case

Susan Sleater, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., argued, for appellants; Alice Daniel, Asst. Atty. Gen., James R. Britton, U. S. Atty., Michael Kimmel, and Robert E. Sutemeier, Captain, U. S. Air Force, Washington, D. C., on brief.

Michael D. Shanks, Holbrock, Jonson, Bressler & Houser, Hamilton, Ohio, argued, for appellee; Timothy R. Evans, Hamilton, Ohio, on brief.

Before HEANEY and ARNOLD, Circuit Judges, and OVERTON, District Judge.

ARNOLD, Circuit Judge.

This is an appeal by Harold Brown, Secretary of Defense, and others from a judgment in the United States District Court for the District of North Dakota, the Honorable Bruce M. Van Sickle, United States District Judge, presiding. Dr. John Pence, an Air Force Reserve Officer, petitioned the Court for a writ of habeas corpus and injunctive relief releasing him from a two-year active-duty commitment in the Air Force. After a trial, the District...

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