UNITED STATES v. COOK

No. 11515.

225 F.2d 71 (1955)

UNITED STATES of America ex rel. Justin K. McCARTHY, v. Harold H. COOK, Lt. Col., U. S. A., Commanding Officer, United States Army & Air Force Induction Center, Schuylkill Arsenal, Philadelphia, Pa.

United States Court of Appeals Third Circuit.

Decided May 23, 1955.

Rehearing Denied August 15, 1955.


Attorney(s) appearing for the Case

Thomas D. McBride, Philadelphia, Pa., (John Rogers Carroll, Michael von Moschzisker, Philadelphia, Pa., on the brief), for appellant.

W. Wilson White, U. S. Atty., Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, HASTIE, Circuit Judge, and WILLSON, District Judge.


WILLSON, District Judge.

Appellant Justin K. McCarthy was inducted into the army on November 23, 1954, pursuant to the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq. His induction was involuntary and under protest. On the day of his induction he filed an application for a writ of habeas corpus in which he sought his discharge from service. A full hearing was had in the district court on the rule to show cause why the writ should...

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