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PERLSTEIN v. UNITED STATES

No. 8787.

151 F.2d 167 (1945)

PERLSTEIN v. UNITED STATES et al.

Circuit Court of Appeals, Third Circuit.

Decided September 13, 1945.

Attorney(s) appearing for the Case

Jerome E. Parker, of Scranton, Pa., for appellant.

David Reich, Dept. of Justice, and Col. Archibald King, Judge Advocate General Dept., both of Washington, D. C. (Tom C. Clark, Asst. Atty. Gen., and Herman F. Reich, Asst. U. S. Atty., both of Lewisburg, Pa., and Myron C. Cramer, Major General, U. S. Army, the Judge Advocate General, of Washington, D. C., on the brief), for appellee.

Before DOBIE, GOODRICH, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from the dismissal of a petition for a writ of habeas corpus. On June 10, 1942, the appellant, a citizen of the United States, underwent an examination by a captain of the United States Army Medical Corps to determine whether he was physically fit for civilian work at military bases in Africa. Having passed that test, appellant on June 15, 1942, at New York City, entered into a contract with Johnson, Drake & Piper,...

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