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UNITED STATES v. McNAMARA

Misc. No. 3602.

270 F.Supp. 892 (1967)

UNITED STATES of America ex rel. Fred GOLDSTEIN, Petitioner, v. Robert S. McNAMARA, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and CDR Edward O'Malley, USNR, Officer-in-Charge Armed Forces Examining & Induction Station, Respondents.

United States District Court E. D. Pennsylvania.

July 20, 1967.

Attorney(s) appearing for the Case

Bernard L. Segal, James J. Orlow, Philadelphia, Pa., for petitioner.

Drew J. T. O'Keefe, U. S. Atty., and James C. Lightfoot, Asst. U. S. Atty., Philadelphia, Pa., for respondent.

OPINION AND ORDER

WOOD, District Judge.

This is a petition for a writ of habeas corpus by a former reservist1 who was inducted into the United States Army on July 10, 1967 for alleged failure to perform his Reserve duties. Petitioner claims the order to induct him is void because the certification on which the order is based is arbitrary and unlawful in that the army regulations 135-902 are illegal...

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