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WELLS v. COMMANDER OF 3RD BATTALION, 24TH MARINES

No. 77-1173C(3).

441 F.Supp. 336 (1977)

Application of Thomas M. WELLS, Petitioner, v. COMMANDER OF the 3RD BATTALION, 24TH MARINES, FMF, USMCR, NAVAL AND MARINE CORPS RESERVE CENTER, LAMBERT FIELD, ST. LOUIS, MISSOURI, and W. Graham Claytor, Jr., Secretary of the Navy, Respondents.

United States District Court, E. D. Missouri, E. D.

December 12, 1977.

Attorney(s) appearing for the Case

Jonathan Isbell, Runge & Gumbel, P. C., Collinsville, Ill., Stanley Schechter, St. Louis, Mo., for petitioner.

Joseph B. Moore, Asst. U. S. Atty., U. S. Dept. of Justice, St. Louis, Mo., for respondents.

MEMORANDUM

NANGLE, District Judge.

This matter is before the Court following a hearing held on November 11, 1977 upon petitioner's application for a preliminary injunction. Petitioner's request for a temporary restraining order had been granted on November 4, 1977.

Petitioner filed this application for a writ of habeas corpus contesting the validity of orders assigning petitioner to involuntary active duty, and further alleging that he was fraudulently...

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