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UNITED STATES v. YANCEY

No. 143, Docket 30725.

368 F.2d 816 (1966)

UNITED STATES of America ex rel., Edward Gordon SANDERS, Appellant, v. Major General Thomas YANCEY, Commanding General, Fort Hamilton, New York, and Lt. Col. Thomas G. Murphy, Commander, Armed Forces Examination and Entrance Station, Fort Hamilton, New York, Appellees.

United States Court of Appeals Second Circuit.

Decided November 14, 1966.

Attorney(s) appearing for the Case

Alfred W. Charles, New York City (Broder, Feinberg & Charles, New York City), for appellant.

Ronald Gene Wohl, Asst. U. S. Atty., E. D. New York (Joseph P. Hoey, U. S. Atty., E. D. New York), for appellees.

Before LUMBARD, Chief Judge, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM:

Edward Gordon Sanders was classified 1A by his local board in June 1965, when it learned that he was no longer a student. In September of that year, Sanders enlisted in the National Guard. Unaware of this fact, his local board ordered him on October 20 to report for induction on November 17. The Notice to Report for Induction (SSS Form 252) plainly stated that "if you * * * are now a member of the National Guard * * * bring evidence with you * * *." Sanders...

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