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UNITED STATES v. McGINNIS

No. 5325.

146 F.2d 851 (1944)

UNITED STATES ex rel. HOCE v. McGINNIS, United States Marshal.

Circuit Court of Appeals, Fourth Circuit.

December 6, 1944.

Attorney(s) appearing for the Case

Horace S. Meldahl, of Charleston, W. Va., for appellant.

Herman L. Bennett, Asst. U. S. Atty., of Charleston, W. Va. (Leslie E. Given, U. S. Atty., of Charleston, W. Va., and N. T. Elliff, Sp. Asst. to Atty. Gen., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal from an order refusing to release appellant on writ of habeas corpus. Appellant was a registrant under the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix § 301 et seq., and was classified 1-A by his draft board. He was ordered to report for induction and failed to comply with the order, whereupon he was arrested by the United States Marshall on a warrant issued by a United States Commissioner charging him with criminal...

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