UNITED STATES v. COMMANDING OFFICER, U. S. ARMY, ETC.

Miscellaneous No. 828.

51 F.Supp. 965 (1943)

UNITED STATES ex rel. MAYERFELD v. COMMANDING OFFICER, UNITED STATES ARMY, CAMP UPTON, YAPHANK, LONG ISLAND, N. Y.

District Court, E. D. New York.

September 17, 1943.


Attorney(s) appearing for the Case

William Roth, of New York City, for relator.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Frank J. Parker, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for respondent.


BYERS, District Judge.

Hearing on return to writ of habeas corpus.

The relator herein seeks to be released from military service through the agency of this proceeding, on the ground that his induction was the result of the arbitrary, capricious and illegal proceeding of the Local Board having jurisdiction over him at the time of his induction.

A careful examination of the records of the Board discloses that the various claims for deferment which he...

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