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UNITED STATES v. PEREZ

Civ. A. No. 66-397.

260 F.Supp. 435 (1966)

UNITED STATES of America ex rel. Howard Charles LIPSITZ, Relator-Petitioner, v. Major General Gines PEREZ, Commanding General, Fort Jackson, South Carolina, Respondent.

United States District Court D. South Carolina, Columbia Division.

November 2, 1966.

Attorney(s) appearing for the Case

George I. Alley, of Law, Kirkland, Aaron & Alley, Columbia, S. C., for relator-petitioner.

Terrell L. Glenn, U. S. Atty., and Marvin L. Smith, Asst. U. S. Atty., Columbia, S. C., for respondent.

HEMPHILL, District Judge.

Howard Charles Lipsitz petitions the court for relief from an alleged illegal induction under the Selective Service System.1 He claims that the Selective Service Regulation 32 C.F.R. 1627.8 has not been complied with, and that therefore his induction was illegal. The Regulation provides as follows:

The Local Board shall not issue an Order for a registrant to report for induction either during the period...

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