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BAUGH v. BENNETT

Civ. No. 1-71-2.

350 F.Supp. 1248 (1972)

John Earl BAUGH, Petitioner, v. Major General George B. BENNETT, Adjutant General for the State of Idaho, and Lieutenant General S. R. Larsen, Commanding General, Sixth United States Army, Respondents.

United States District Court, D. Idaho.

October 5, 1972.

Attorney(s) appearing for the Case

Michael Donnelly, Boise, Idaho, for plaintiff Baugh.

Sidney E. Smith, U. S. Atty., and John L. King, Asst. U. S. Atty., for Lt. Gen. S. R. Larsen.

Don J. McClenahan, of McClenahan & Greenfield, Boise, Idaho, for Major Gen. George B. Bennett.

MEMORANDUM DECISION AND ORDER

ANDERSON, District Judge.

Petitioner has filed a Renewed Petition for Writ of Habeas Corpus. Petitioner's first petition was held to be a petition for writ of mandate to compel the respondents to perform a duty owing him, namely, a meaningful appeal from the order transferring him to the Sixth U. S. Army for active duty. No appeal was taken from this Court's order and decision of January 10, 1971, D.C., 329...

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