UNITED STATES v. FALES

No. 858 J.

61 F.Supp. 960 (1945)

UNITED STATES ex rel. YAROSLAWITZ v. FALES, Commanding General, et al.

District Court, S. D. Florida, Jacksonville Division.

July 23, 1945.


Attorney(s) appearing for the Case

Solomon Badesch, of New York City, and Laura H. Hyde, of Jacksonville, Fla., for relator.

Damon G. Yerkes, Asst. U. S. Atty., of Jacksonville, Fla., and Major Reid B. Barnes, Fourth Service Command, of Atlanta, Ga., for respondents.


STRUM, District Judge.

Claiming to be a theological student preparing for the Jewish rabbinate, relator unsuccessfully sought a class IV — D exemption from military service. 50 U.S.C.A. Appendix, § 305(d). He was classified 1 — A, inducted into the Army on February 23, 1945, and now seeks release by habeas corpus, asserting that the Local and Appeal Boards acted arbitrarily and capriciously in so classifying him.

The registrant, relator...

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