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HAYES v. SECRETARY OF ARMY

Civ. A. Nos. 78-152 Erie, 78-153 Erie.

468 F.Supp. 1252 (1979)

Michael C. HAYES, Petitioner, v. SECRETARY OF the ARMY, Clifford Alexander and the Commanding Officer of the 2nd Battalion, 37th Field Artillery, Fort Sill, Oklahoma, Respondents. Thomas JEFFERSON, Petitioner, v. SECRETARY OF the ARMY, Clifford Alexander and the Commanding Officer of the 2nd Battalion, 37th Field Artillery, Fort Sill, Oklahoma, Respondents.

United States District Court, W. D. Pennsylvania.

April 17, 1979.

Attorney(s) appearing for the Case

Michael E. Dunlavey, North East, Pa., for plaintiffs.

Robert J. Cindrich, U.S. Atty., John Paul Garhart, Asst. U.S. Atty., Pittsburgh, Pa., for respondents.

MEMORANDUM OPINION

WEBER, Chief Judge.

Petitioners David C. Hayes and Thomas Jefferson had been members of the Army Reserve who were placed on active duty because they missed without excuse many required drills. They filed petitions for a Writ of Habeas Corpus removing them from active duty and reinstating them as members of the Reserve. The Court held an evidentiary hearing on the petitions on April 13, 1979, and believes that their petitions should be...

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