UNITED STATES v. CAIN

No. 418.

144 F.2d 944 (1944)

UNITED STATES ex rel. TRAININ v. CAIN, Commanding Officer of Camp Upton, N. Y.

Circuit Court of Appeals, Second Circuit.

August 15, 1944.


Attorney(s) appearing for the Case

Osmond K. Fraenkel, of New York City, for relator-appellant.

Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y. (Harold M. Kennedy, U. S. Atty., and Anthony G. Greco, Asst. U. S. Atty., both of Brooklyn, N. Y., on the brief), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Isaac Trainin, hereinafter called relator, was inducted into the armed forces on March 22, 1944, pursuant to the provisions of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq. The same day his father, Rabbi Boruch Trainin, petitioned for a writ of habeas corpus in his behalf on the ground that this induction was unlawful, since he was entitled to a classification of IV-D and exemption from service as a ...

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