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UNITED STATES v. DRUM

No. 173.

107 F.2d 897 (1939)

UNITED STATES ex rel. BERGDOLL v. DRUM, Lieutenant General, et al.

Circuit Court of Appeals, Second Circuit.

December 4, 1939.

Attorney(s) appearing for the Case

Harry Weinberger, of New York City (Harold M. Weinberger, Chester A. Pearlman, and W. E. Aronberg, all of New York City, of counsel), for relator-appellant.

Mathias F. Correa, Asst. U. S. Atty., of New York City (John T. Cahill, U. S. Atty., and Walter H. Gahagan, Jr., Asst. U. S. Atty., both of New York City, on the brief), for respondents-appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

CLARK, Circuit Judge.

Grover Cleveland Bergdoll appeals from the dismissal below of a writ of habeas corpus, sued but on his relation against the officers of the United States Army who are detaining him in military prison pursuant to a sentence imposed by a military court martial.

On June 15, 1917, Bergdoll, the relator, then twenty-three, registered with the draft authorities, as was required of all persons of draft...

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