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UNITED STATES v. BADT

No. 11.

152 F.2d 627 (1945)

UNITED STATES ex rel. REEL v. BADT, Captain, U. S. Navy.

Circuit Court of Appeals, Second Circuit.

December 14, 1945.

Attorney(s) appearing for the Case

Frederick U. Reel, of Washington, D.C. (Charles A. Horsky, Amy Ruth Mahin, and Covington, Burling, Rublee, Acheson & Shorb, all of Washington, D. C., and David L. Landy, of Buffalo, N. Y., on the brief), for relator-appellant.

Irving S. Shapiro, Atty., Dept. of Justice, of Washington, D.C. (Theron L. Caudle, Asst. Atty. Gen., Robert S. Erdahl, Atty., Dept. of Justice, of Washington, D.C., and George L. Grobe, U. S. Atty., of Buffalo, N. Y., on the brief), for respondent-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal is a further step in the proceedings before us in United States ex rel. Reel v. Badt, 2 Cir., 141 F.2d 845, where we reversed the decision of the District Court, D.C.W.D.N.Y., 53 F.Supp. 906, dismissing a writ of habeas corpus on behalf of the relator, Frederick U. Reel, to test the validity of his induction into the...

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