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HERRICK v. CUSHMAN

No. 74-4-Civ-4.

379 F.Supp. 1143 (1974)

Jerry L. HERRICK v. Robert E. CUSHMAN, Jr., Commander of the United States Marine Corps.

United States District Court, E. D. North Carolina, New Bern Division.

July 29, 1974.

Attorney(s) appearing for the Case

William S. Geimer, of Smith & Geimer, P.A., Fayetteville, N. C., for plaintiff.

Thomas P. McNamara, U.S. Atty., by Carl L. Tilghman, Asst. U.S. Atty., Raleigh, N. C., for defendant.

MEMORANDUM OPINION and ORDER

LARKINS, District Judge:

This cause is before this Court on defendant's motion to dismiss for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted, filed June 5, 1974. No response has been filed by the plaintiff to defendant's motion. Plaintiff, Jerry L. Herrick, in his complaint requested a writ of habeas corpus ordering...

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