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EX PARTE CATANZARO

No. 8240.

138 F.2d 100 (1943)

Ex parte CATANZARO. Appeal of CATANZARO.

Circuit Court of Appeals, Third Circuit.

Reargued May 14, 1943.

Decided September 23, 1943.

Attorney(s) appearing for the Case

Abram Waks, of Paterson, N. J., for appellant.

Vincent E. Hull, Asst. U.S. Atty., of Trenton, N.J., and Nathan T. Elliff, of Washington, D.C. (Charles M. Phillips, U.S. Atty., of Trenton, N.J., on the brief), for appellee.

Before BIGGS, MARIS, JONES, and GOODRICH, Circuit Judges, and GANEY, District Judge.

GOODRICH, Circuit Judge.

The petitioner was held in the custody of the United States Marshal for the district of New Jersey on a charge of violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq., because he failed to report for induction on June 1, 1942, as directed by his Local Draft Board. He filed his petition and applied for a writ of habeas corpus in the United States District Court for the District of New Jersey...

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