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PETERS v. SECRETARY OF ARMY

No. 77-C-145.

448 F.Supp. 254 (1978)

Russell PETERS, Petitioner, v. SECRETARY OF ARMY, Clifford Alexander, or his successor, and Commanding Officer, United States Army, Headquarters, 961 Engineering Battalion, 5326 West Silver Spring Drive, Milwaukee, Wisconsin 53218, and Commanding Officer, Department of Army, Company D, 961 Engineering Battalion, United States Army Reserve Center, Pewaukee, Wisconsin 53072, Respondents.

United States District Court, E. D. Wisconsin.

April 19, 1978.

Attorney(s) appearing for the Case

Curry First, Milwaukee, Wis., for petitioner.

William J. Mulligan, U. S. Atty., by Lawrence O. Anderson, Asst. U. S. Atty., Milwaukee, Wis., for respondents.

REYNOLDS, Chief Judge.

Petitioner Russell Peters has filed a petition for writ of habeas corpus or mandamus pursuant to 28 U.S.C. § 2241(a), (c)(1), and (c)(3); 28 U.S.C. § 1331; 28 U.S.C. § 1361; and 28 U.S.C. § 1651, alleging that his reassignment from the Army Reserves to active duty was in violation of administrative and constitutional due process and regulatory rights under Army Regulation ("AR") 135-91. On March 17, 1977, the Court with the...

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