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UNITED STATES EX REL. HARMASH v. LAIRD

Civ. A. No. L-2332.

356 F.Supp. 970 (1973)

UNITED STATES of America ex rel. Robert V. HARMASH, Petitioner, v. Melvin LAIRD, Secretary of Defense, Commanding Officer, Fort Leavenworth Disciplinary Barracks, Leavenworth, Kansas, Respondents.

United States District Court, D. Kansas.

March 16, 1973.

Attorney(s) appearing for the Case

Aaron J. Jaffe, New York City, Fred S. Jackson, Topeka, Kan., for plaintiff (petitioner).

Robert J. Roth, U. S. Atty., Wichita, Kan., Bruce Miller, Asst. U. S. Atty., Topeka, Kan., Jon Paul Tangen, Captain, JAGC, Office of the Judge Advocate General, Washington, D. C., for respondents.

FINDINGS AND ORDER

TEMPLAR, District Judge.

On November 13, 1972, Robert V. Harmash filed a petition for a writ of habeas corpus in this Court. The petitioner had been court-martialed, found guilty and sentenced to be confined in the Disciplinary Barracks at Fort Leavenworth, Kansas. The petitioner challenges the jurisdiction of the military to try him, alleging that he was never lawfully inducted into the armed services.

This Court in its Memorandum...

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