UNITED STATES v. YANCY

Civ. A. No. 67-C-445.

270 F.Supp. 45 (1967)

UNITED STATES of America ex rel. Donald J. FASS, Petitioner, v. General John YANCY, U.S.A. Commanding Officer, Fort Hamilton Induction Center, Colonel Akst, Director of New York City Headquarters, Selective Service System, and General Louis B. Hershey, Director of the Selective Service System, Respondents.

United States District Court E. D. New York.

May 25, 1967.


Attorney(s) appearing for the Case

Michelman & Michelman, New York City, for petitioner; Harvey J. Michelman, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Eastern District of New York for respondents; Howard L. Stevens, Asst. U. S. Atty., of counsel.


BRUCHHAUSEN, District Judge.

The petitioner, by order to show cause, seeks injunctive relief, compelling the Selective Service System to re-examine the potential inductee medically prior to his induction with the objective of comparing the findings with the medical service standards and a written determination, stating the reason for accepting or rejecting him.

The petitioner alleges that he is not physically fit to serve in the military, according to the...

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