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SWITKES v. LAIRD

No. 70 Civ. 2362.

316 F.Supp. 358 (1970)

Daniel A. SWITKES, Petitioner, v. Melvin LAIRD, individually and as Secretary of Defense of the United States, and Stanley S. Resor, individually, and as Secretary of the Army of the United States, Respondents.

United States District Court, S. D. New York.

July 2, 1970.

Attorney(s) appearing for the Case

Peter Weiss, Morton Stavis, New York City, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., for respondents; John F. McHugh, Asst. U. S. Atty., of counsel.

WYATT, District Judge.

This is an application for a writ of habeas corpus (28 U.S.C. §§ 2241, 2242) and a motion for a preliminary injunction (Fed.R.Civ.P. 65).

The factual situation assumed for purpose of decision is made to appear solely from papers submitted by petitioner. For respondents, there is only a memorandum of law.

Petitioner Switkes is a member of the armed services of the United States, a Captain in the Army, a physician whose...

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