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UNITED STATES v. BADT

No. 278.

141 F.2d 845 (1944)

UNITED STATES ex rel. REEL et al. v. BADT, Captain, U. S. N.

Circuit Court of Appeals, Second Circuit.

April 13, 1944.

Attorney(s) appearing for the Case

Charles A. Horsky and Amy Ruth Mahin, both of Washington, D. C., and David L. Landy, of Buffalo, N. Y. (Covington, Burling, Rublee, Acheson & Shorb, of Washington, D. C., of counsel), for relator.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Nathan T. Elliff, Sp. Asst. to Atty. Gen., and Goodman A. Sarachan, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for respondent-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is a petition for a writ of habeas corpus on behalf of Frederick U. Reel. After registration under the Selective Training and Service Act, 50 U.S.C.A. Appendix, § 301 et seq., the relator claimed exemption from both combatant and non-combatant service by reason of conscientious objections to war based on religious training and belief. His local board rejected his claim to exemption...

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