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WITHUM v. O'CONNOR

Civ. No. 80-2214.

506 F.Supp. 1374 (1981)

Seaman Apprentice Mary Francis WITHUM, Petitioner, v. Captain W. J. M. O'CONNOR, Commanding Officer, USNS Roosevelt Roads, Deiba, Puerto Rico, Eduardo Hidalgo, Secretary of the Navy, and Harold Brown, Secretary of the Department of Defense, Respondents.

United States District Court, D. Puerto Rico.

February 10, 1981.

Attorney(s) appearing for the Case

Jeffrey A. Denner of Denner & Benjoya, Boston, Mass., for petitioner.

Raymond L. Acosta, U.S. Atty. and E. M. deJesus, Asst. U.S. Atty., Hato Rey, P. R., for respondents.

MEMORANDUM DECISION AND ORDER

NICHOL, Senior District Judge.

This action is before the Court on a Petition for a Writ of Habeas Corpus. Petitioner, an enlisted woman in the United States Navy, is seeking a discharge because of alleged fraudulent representations made to her by Navy recruiter Phillip Esposito. Respondents argue, however, that petitioner has not exhausted her administrative remedies and that any representations made by Esposito were not fraudulent...

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