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UNITED STATES v. KENNEDY

No. 52, Docket 20311.

157 F.2d 811 (1946)

UNITED STATES ex rel. KULICK v. KENNEDY, Warden.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted January 20, 1947.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y., and Carl A. Mears, of New Haven, Conn., for appellant.

Valentine J. Sacco, of Hartford, Conn., Asst. U. S. Atty., Theron L. Caudle, Asst. Atty. Gen., and Adrian W. Maher, U. S. Atty., of Bridgeport, Conn., for appellee.

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

L. HAND, Circuit Judge.

Kulick appeals from an order, dismissing a writ of habeas corpus, issued to discharge him from custody under a judgment, entered upon the verdict of a jury, convicting him of failing to submit to induction into the United States Army.1 The only issue is whether he was deprived of the defense that the induction order of the local board, affirmed by the appeal board, was invalid which had denied him exemption under...

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