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WEST v. CHAFEE

No. 2-74-Civ-191.

421 F.Supp. 25 (1976)

William P. WEST, M.D., Petitioner, v. John H. CHAFEE, Secretary of the Navy and Captain S. J. Barcay, Respondents.

United States District Court, D. Minnesota, Second Division.

Motion for Relief from Judgment October 7, 1976.

Attorney(s) appearing for the Case

Donald J. Heffernan, Connolly & Heffernan, St. Paul, Minn., for petitioner.

Robert G. Renner, U. S. Atty., Donald F. Paar, Asst. U. S. Atty., Minneapolis, Minn., for respondents.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The question presented by this habeas corpus petition is whether or not petitioner, a doctor, should be released from his naval active duty obligation incurred in exchange for a draft deferment which enabled him to complete his medical school and residency requirements. Dr. West accepted the service obligation under the provisions of the so-called "Berry Plan" in January 1971. He was given a reserve commission, granted...

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