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Allan J. Kallmann, CAPT, U. S. Army v. MG Conn L. Milburn, Jr., M.C., Commanding General, Tripler General Hospital, Tripler Army Medical Center, Oahu, Hawaii COL Spencer B. Reid, Acting Commander, Tripler Army Medical Center and Stanley Resor, Secretary of the Army
On consideration of the Petition filed in the above-entitled action, it appearing that no court-martial proceedings are pending or threatened against petitioner and, since the extraordinary jurisdiction conferred by the All Writs Act, 28 USC § 1651, may be invoked only in aid of the exercise of our jurisdiction over court-martial cases properly before us or which may come here eventually (United States v Snyder, 18 USCMA 480, 40 CMR 192; Mueller v Brown, 18 USCMA 534, 40 CMR 246), it is, by the Court, this 12th day of September, 1969,
[650] ORDERED that said Petition be, and the same is, hereby dismissed.