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BROWN v. DUNLEAVY

Civ. A. No. 89-149-N.

722 F.Supp. 1343 (1989)

Christopher K. BROWN, Petitioner, v. Vice Admiral Richard M. DUNLEAVY, U.S. Navy, Commander Naval Air Force, U.S. Atlantic Fleet, Naval Air Station, Norfolk, Virginia, Respondents.

United States District Court, E.D. Virginia, Norfolk Division.

September 28, 1989.

Attorney(s) appearing for the Case

Sidney L. Frank, Frank & Stefani, Christine E. Moore-Welch, Troy, Mich., Robert W. Hardy, Knight, Dudley, Pincus, Dezern & Clarke, Norfolk, Va., for petitioner.

Roy C. Hayes, U.S. Atty., Mike Wicks, Peter Caplan, Asst. U.S. Attys., Detroit, Mich., Lieutenant Commander Byard Q. Clemmons, JAGC, USN, Office of the Judge Advocate General, General Litigation Div., Dept. of the Navy, Alexandria, Va., Raymond A. Jackson, Asst. U.S. Atty., Norfolk, Va., for respondents.

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

Christopher K. Brown, a member of the United States Navy, is before the Court on a petition for a writ of habeas corpus. As a result of material misrepresentations relied on by Christopher Brown in enlisting, he seeks rescission of his enlistment contract with an honorable discharge from active service in the United States Navy. The writ of habeas corpus is GRANTED and the respondent is ORDERED to honorably...

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