BENZIAN v. GODWIN

No. 281, Docket No. 21006.

168 F.2d 952 (1948)

BENZIAN v. GODWIN.

Circuit Court of Appeals, Second Circuit.

June 30, 1948.


Attorney(s) appearing for the Case

Poletti, Diamond, Freidin & Mackay, of New York City (Charles Poletti, David Mackay, Sidney A. Diamond and Robert E. Herman, all of New York City, of counsel) for appellant.

John F. X. McGohey, U. S. Atty., of New York City, for the Southern District of New York (Henry L. Glenn, of New York City, of counsel) for appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge:

The chief issue is whether Congress intended the training and service provisions of the Selective Service Act, 50 U.S.C.A. Appendix, § 303(a), to apply to temporary business visitors kept in this country by virtue of transportation difficulties. The Act, as originally passed in September, 1940, made "every male alien residing in the United States" subject to registration (Sec. 2, 50 U.S.C.A.Appendix, § 302), and made "every male alien...

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