UNITED STATES v. HOWLETT


114 F.Supp. 880 (1953)

UNITED STATES ex rel. STARK v. HOWLETT.

United States District Court S. D. New York.

September 22, 1953.


Attorney(s) appearing for the Case

Meyer Kreeger, New York City, for relator.

J. Edward Lumbard, New York City, for respondent.


EDELSTEIN, District Judge.

The relator, presently in the armed forces, seeks a discharge by way of a writ of habeas corpus on the grounds that he was arbitrarily and capriciously classified as 1A and that his induction into the service after his twenty-sixth birthday was illegal under the governing statute.

Although his case manifestly involves hardship which compels sympathy, I cannot agree that the ultimate decision to classify him in 1A was arbitrary or...

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