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UNITED STATES v. ROBERTS

No. 157.

152 F.2d 841 (1946)

UNITED STATES ex rel. GOODMAN v. ROBERTS, Commanding Officer, U. S. Armed Forces Induction Center.

Circuit Court of Appeals, Second Circuit.

January 8, 1946.

Attorney(s) appearing for the Case

Meyer Kreeger, of New York City, for appellant.

John F. X. McGohey, U. S. Atty., of New York City (K. Bertram Friedman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by the relator, David Goodman, from dismissal of a writ of habeas corpus which was sued out for the purpose of testing the legality of the induction into the United States Army of the relator's son, Eugene Goodman. The claim of illegality was based upon allegations that the son was a rabbinical student in a bona fide Theological Seminary and consequently was entitled to 4D classification under

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