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UNITED STATES EX REL. WHITAKER v. CALLAWAY

Civ. A. No. 73-1312.

371 F.Supp. 585 (1974)

UNITED STATES of America ex rel. Francis Craig WHITAKER v. Howard CALLAWAY, Secretary of the Army and Captain Roy R. Neitheimer, Jr., USAR, Commanding Officer.

United States District Court, E. D. Pennsylvania.

March 6, 1974.

Attorney(s) appearing for the Case

Edwin R. Rubin, Philadelphia, Pa., for petitioner.

Kenneth Ritchie, Asst. U. S. Atty., Philadelphia, Pa., for respondents.

OPINION

LUONGO, District Judge.

This is a petition for a writ of habeas corpus by Francis Craig Whitaker, a member of the reserves, who seeks to have his enlistment voided on the ground that the Army, in violation of its own regulations, failed to give him a complete physical examination prior to his enlistment in the reserves. Whitaker's contention is that the failure to give him a complete physical misled him into the belief that he was physically...

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