GIZ v. BROWNELL

Nos. 12839, 12873, 13043.

240 F.2d 25 (1956)

Mehmet Sabahittin GIZ, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee. Remzi GURCAY, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee. Ekmel MORAN, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 13, 1956.


Attorney(s) appearing for the Case

Mr. David Carliner, Washington, D. C., with whom Mr. Jack Wasserman, Washington, D. C., was on the briefs, for appellants.

Mr. Richard J. Snider, Asst. U. S. Atty., was on the briefs and argued for appellee.

In No. 12839 Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and Robert L. Toomey, Asst. U. S. Attys., were also on the brief for appellee, and Mr. Leo A. Rover, U. S. Atty. at the time the record was filed, entered an appearance for appellee.

In No. 12873 Messrs. Leo A. Rover, U. S. Atty. at the time the brief was filed, and Lewis Carroll, Asst. U. S. Atty., were also on the brief for appellee.

In No. 13043 Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were also on the brief for appellee, and Mr. Leo A. Rover, U. S. Atty. at the time the record was filed, entered an appearance for appellee.

Before BAZELON, DANAHER and BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

Section 3(a) of the Selective Service Act of 1940, 50 U.S.C.App. § 303(a) (1946),* makes all aliens "residing in the United States" liable for military service. It provides, however, that any citizen of a neutral nation may be relieved from service upon application (Form DSS-301), and that persons thus relieved will thereafter be barred from citizenship. Regulation 611.21 (32 C.F.R. 611.21) promulgated thereunder...

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