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UNITED STATES v. BAIRD

Misc. No. 525.

39 F.Supp. 411 (1941)

UNITED STATES ex rel. PASCIUTO v. BAIRD, Colonel, et al.

District Court, E. D. New York.

June 20, 1941.

Attorney(s) appearing for the Case

Charles L. Cusumano, of Brooklyn, N. Y., for relator.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Phillip J. Hirsch, Asst. U. S. Atty., of St. George, S. I., N. Y., of counsel), for respondents.

Thomas J. F. Kirk, of Brooklyn, N. Y., Government Appeal Agent, Local Board 173.

ABRUZZO, District Judge.

The writ of habeas corpus in this proceeding was obtained on behalf of Michael Pasciuto upon allegations contained in the petition by Charles L. Cusumano, his attorney.

He was inducted into the United States Army on May 14, 1941, and assigned to Camp Upton, Yaphank, Long Island, where he is still stationed.

This selectee claims that there was no substantial evidence to support the conclusion of the Local Board that the selectee...

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