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UNITED STATES EX REL. DE GRAW v. TOON

No. 21.

151 F.2d 778 (1945)

UNITED STATES ex rel. DE GRAW v. TOON, Commanding Officer, U. S. Army Camp.

Circuit Court of Appeals, Second Circuit.

November 7, 1945.

Attorney(s) appearing for the Case

Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y. (T. Vincent Quinn, U. S. Atty., and Anthony G. Greco, Asst. U. S. Atty., both of Brooklyn, N. Y., on the brief), for respondent-appellant.

Frederick G. Watson, of New York City, for relator-appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This habeas corpus proceeding tests the legality of the summary reinduction into service of an honorably discharged soldier. Relator had come into collision with his Local Board over deferment before his service in the Army. In his questionnaire, filed in 1941, he claimed that his father and mother and a nephew and niece, both minors, were dependent upon him; but at that time he was given an occupation...

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