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UNITED STATES v. DOWNER

No. 176.

140 F.2d 397 (1944)

UNITED STATES ex rel. LYNN v. DOWNER.

Circuit Court of Appeals, Second Circuit.

February 2, 1944.

Attorney(s) appearing for the Case

Conrad J. Lynn, Albert C. Gilbert, and Hays, St. John, Abramson & Schulman, all of New York City (Arthur Garfield Hays, Albert C. Gilbert and Gerald Weatherly, all of New York City, of counsel), for appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Frank J. Parker, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for respondent.

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

SWAN, Circuit Judge.

The appellant, a Negro, is a citizen of the United States who was inducted into the Army on December 19, 1942. He waived furlough and was sent immediately to Camp Upon at which the respondent, Col. Downer, is the commanding officer. By petition for a writ of habeas corpus the appellant sought release from the Army on the ground that he was inducted "as a member of a `Negro quota'" in violation of the provision of the Selective Training and Service...

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