UNITED STATES v. CAIN

No. 859.

55 F.Supp. 536 (1944)

UNITED STATES ex rel. ABERASTURI v. CAIN.

District Court, E. D. New York.

May 5, 1944.


Attorney(s) appearing for the Case

Louis J. Opal, of New York City, for petitioner.

Harold M. Kennedy, U. S. Atty., Eastern District of New York, and Anthony G. Greco, Asst. U. S. Atty., both of Brooklyn, N. Y., for respondent.


MOSCOWITZ, District Judge.

On a writ of habeas corpus, relator seeks to be released from the United States Army on the ground that his selection for military service and induction into the armed forces was not authorized by the Selective Training and Service Act of 1940, as amended, and was contrary to law.

The Selective Training and Service Act of 1940, as amended, 30 U.S.C.A. Appendix § 303(a), reads: "* * * every male citizen of the United States,...

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