UNITED STATES v. CAIN

Misc. No. 872.

55 F.Supp. 956 (1944)

UNITED STATES ex rel. LEVY v. CAIN, Commanding Officer, United States Army Base, Camp Upton, Long Island, N. Y.

District Court, E. D. New York.

June 20, 1944.


Attorney(s) appearing for the Case

Martin Levy, of Brooklyn, N. Y. (Meyer Kreeger, of New York City, of counsel), for relator.

Harold M. Kennedy, U. S. Atty., of Brooklyn (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 issued at the instance of the relator who was inducted into the Army on May 16, 1944, improperly as he alleges, as the result of the action of his Local Board in classifying him in I-A, instead of in IV-D as a theological student.

On his behalf, that action is denounced as arbitrary and capricious whereby it is urged that the writ should be sustained, and he should be discharged from the Army...

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