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CARNEY v. SECRETARY OF DEFENSE, MELVIN LAIRD

No. 71-1262.

462 F.2d 606 (1972)

Raymond F. CARNEY, Jr., Petitioner-Appellee, v. SECRETARY OF DEFENSE, MELVIN LAIRD, et al., Respondents-Appellants.

United States Court of Appeals, First Circuit.

Decided, after remand, June 21, 1972.

Attorney(s) appearing for the Case

Constance L. Messore, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on brief, for appellants.

Milton Stanzler, Providence, R. I., with whom Abedon, Michaelson, Stanzler & Biener, Providence, R. I., was on brief, for appellee.

Before ALDRICH, Chief Judge, Mc-ENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

The sole question on this appeal is whether the district court, 326 F.Supp. 741, had jurisdiction to grant petitioner's application for a writ of habeas corpus and order his release from the United States Navy. The government contends that the district court erred in granting the writ because no proper custodian could be found within its territorial jurisdiction.

Petitioner, stationed aboard the...

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