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LA ROSE v. YOUNG

Civ. No. 35068.

139 F.Supp. 516 (1956)

Russell Louis LA ROSE, Petitioner, v. Lieutenant General Robert N. YOUNG, Commanding General, Sixth Army, Presidio of San Francisco, California, Respondent.

United States District Court N. D. California, S. D.

March 23, 1956.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for petitioner.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for defendant.

OLIVER J. CARTER, District Judge.

Russell Louis LaRose has petitioned this Court for a writ of habeas corpus, contending that he is being unlawfully restrained by the Commanding General of the Sixth Army. Respondent moves to dismiss.

In 1950 petitioner registered for the draft, and was eventually classified 1-A-O, as a conscientious objector available for noncombatant military service only. In 1953 he was ordered to report for induction, and was inducted into...

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