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EAGLES v. SAMUELS

No. 59.

329 U.S. 304 (1946)

EAGLES, POST COMMANDING OFFICER, v. UNITED STATES EX REL. SAMUELS.

Supreme Court of United States.

Decided December 23, 1946.

Attorney(s) appearing for the Case

Irving S. Shapiro argued the cause for petitioner. With him on the brief were Solicitor General McGrath and Robert S. Erdahl.

Meyer Kreeger argued the cause and filed a brief for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Samuels registered under the Selective Training and Service Act of 1940,1 as amended, and thereafter claimed exemption from military service under § 5 (d) of the Act. That exemption includes not only regular or duly ordained ministers of religion but also "students who are preparing for the ministry in theological or divinity schools...

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