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LaMANNA v. LAIRD

Civ. A. No. SA-70-CA-441.

322 F.Supp. 1289 (1971)

Private George C. LaMANNA, Jr. v. Melvin LAIRD as Secretary of Defense, Stanley Resor, as Secretary of the Army, Lieutenant General Harry Critz, as Commanding General Fourth Army, Colonel Foster McCaleb, as Commanding Officer of the United States Army Medical Training Center, Fort Sam Houston, Texas, Major Walter H. Keim, as Commanding Officer of the Second Battalion, U. S. Army Medical Training Center, Fort Sam Houston, Texas, and First Lieutenant Charles H. Tatum, as Commanding Officer of Company "A", Second Battalion, U. S. Army Medical Training Center, Fort Sam Houston, Texas.

United States District Court, W. D. Texas, San Antonio Division.

January 29, 1971.

Attorney(s) appearing for the Case

Maury Maverick, Jr., Maverick & Tynan, San Antonio, Tex., for plaintiff.

Seagal V. Wheatley, U. S. Atty., Hugh Patrick Shovlin, Asst. U. S. Atty., San Antonio, Tex., for defendants.

MEMORANDUM OPINION

JOHN H. WOOD, Jr., District Judge.

In this Petition for Habeas Corpus, the Petitioner alleges that he is presently stationed at Fort Sam Houston in Company "A", Second Battalion, U. S. Army Medical Training Center, where he is unlawfully restrained and deprived of his liberty by the Respondents because the Department of the Army denied his request to be discharged from the United States Army as a 1-0 Conscientious Objector.

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