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UNITED STATES EX REL. LA CHARITY v. COMMANDING OFFICER, ETC.

No. 317.

142 F.2d 381 (1944)

UNITED STATES ex rel. LA CHARITY v. COMMANDING OFFICER OF UNITED STATES ARMY INDUCTION CENTER, BUFFALO, N. Y.

Circuit Court of Appeals, Second Circuit.

May 1, 1944.

Attorney(s) appearing for the Case

Klocke & Rovner, of Buffalo, N. Y. (James O. Moore, Sr., of Buffalo, N. Y., of counsel), for appellant.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Eugene J. Donnelly, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The relator, who was inducted into the United States army on October 20, 1943, and furloughed until until November 10th, applied for a writ of habeas corpus to test the legality of his induction. A writ was issued on November 1, 1943, directed to the Commanding Officer of the United States Army Induction Center at Buffalo, New York; a return thereto was duly filed in behalf of the United States and a hearing was had which resulted in an order...

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