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GOGUEN v. CLIFFORD

Civ. No. 1205-68.

304 F.Supp. 958 (1969)

Philip W. GOGUEN, Private E-2 U.S. 51728627, Petitioner, v. Honorable Clark CLIFFORD, Secretary of Defense; Honorable Stanley Resor, Secretary of the Army; Major General Kenneth W. Collins, Commanding General, U. S. Army Training Center, Infantry, Fort Dix, New Jersey, Respondents.

United States District Court D. New Jersey.

As Amended October 21, 1969.

Attorney(s) appearing for the Case

Darnell & Scott, Mount Holly, N. J., by Emerson L. Darnell, Mount Holly, N. J., for petitioner.

David M. Satz, Jr., U. S. Atty., Newark, N. J., by Robert W. Page, Asst. U. S. Atty., Camden, N. J., for respondents.

MEMORANDUM

COHEN, District Judge:

Petitioner, Philip W. Goguen, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq., alleging that he is being unlawfully held in custody by the United States Army, contrary to his constitutional rights which he asserted within the administrative procedures of the Army and in exhaustion thereof. It is petitioner's contention that since his induction into the Army he became sincerely, conscientiously...

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