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UNITED STATES v. CRAIG

No. 11079.

207 F.2d 888 (1953)

UNITED STATES ex rel. BERMAN v. CRAIG et al.

United States Court of Appeals, Third Circuit.

Decided November 27, 1953.

Attorney(s) appearing for the Case

Edward S. Szukelewicz, Washington, D. C. (Grover C. Richman, Jr., U. S. Atty., Newark, N. J., Warren Olney, III, Asst. Atty. Gen., Department of Justice, Robert S. Erdahl, Beatrice Rosenberg, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

Lloyd Paul Stryker, New York City (Brenman & Susser, Paterson, N. J., Harold W. Wolfram, New York City, on the brief), for relator-appellee.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

MARIS, Circuit Judge.

Daniel M. Berman was inducted into the United States Army on August 21, 1952 and was stationed at Camp Kilmer, New Jersey. The following day he filed a petition for a writ of habeas corpus in the United States District Court for the District of New Jersey seeking his release on the ground, inter alia, that he had been illegally inducted as a result of the arbitrary and capricious action of his local board in failing to give consideration to a...

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