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UNITED STATES EX REL. CASCONE v. SMITH

Civ. No. 6657.

48 F.Supp. 842 (1943)

UNITED STATES ex rel. CASCONE v. SMITH, Commanding Officer of U. S. Army, Fort Devens, et al.

District Court, D. Massachusetts.

February 12, 1943.

Attorney(s) appearing for the Case

Edmund J. Brandon, U.S. Atty. and Gerald J. McCarthy, Asst. U.S. Atty, both of Boston, Mass. (William A. Rounds, Colonel, J.A.G.D., Chief Judge Advocate Branch, First Service Command, on the brief), for the Government.

Louis Feinstein, of Boston, Mass., for Cascone, relator.

SWEENEY, District Judge.

This petition for a writ of habeas corpus comes before me on the following stipulated facts:

Louis Cascone is an Italian citizen, and, as such, is an enemy alien. He registered under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 301 et seq., and filed his questionnaire on or about February 14, 1941. On June 11, 1942, in executing Form No. 304, Item 41, he stated: "I do object to service in the land and...

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