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ENGE v. CLARK

No. 10367.

144 F.2d 638 (1944)

ENGE v. CLARK, United States Marshal.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing August 4, 1944.

As Amended August 20, 1944.

Concurring Opinion July 19, 1944.

Attorney(s) appearing for the Case

A. L. Wirin, of Los Angeles, Cal. (Hayden C. Covington, of Brooklyn, N. Y., of counsel), for appellant.

Charles H. Carr, U. S. Atty., and James M. Carter and Mildred L. Kluckhohn, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order denying a petition for writ of habeas corpus addressed to the appellee United States Marshal, alleged to have appellant in his custody, and holding that no writ issue thereon.

The petition alleges that appellant has been indicted for failure to report for induction into the armed forces of the United States as ordered by local Selective Service Board, hereinafter called the Board.*

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