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TAYLOR v. UNITED STATES

No. 82-1452.

711 F.2d 1199 (1983)

Orville TAYLOR v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 21, 1983.

Rehearing and Rehearing Denied July 21, 1983.

Attorney(s) appearing for the Case

Carter Phillips, Washington, D.C. (argued), Peter F. Vaira, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Dawn MacPhee, Asst. U.S. Atty., Philadelphia, Pa., for appellant; Donal M. Hill, Commander, JAGC, U.S. Navy, Alexandria, Va., of counsel.

Stanley M. Shingles, Philadelphia, Pa., for appellee.

Before GIBBONS and BECKER, Circuit Judges, and WEBER, District Judge.

Rehearing and Rehearing In Banc Denied July 21, 1983.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The United States appeals from a judgment of the district court ordering the release of Orville Taylor from military custody and restraining the government from surrendering him to the government of Spain for service of a sentence. We affirm.

I.

Mr. Taylor began a four year enlistment...

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