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APPLICATION OF KANAS

No. 120, Docket 31516.

385 F.2d 506 (1967)

Application of Stuart M. KANAS, by Matthew Kanas, His Father, for a Writ of Habeas Corpus, Petitioner-Appellant. Major General T. R. Yancey, Commanding Officer, Fort Hamilton, Brooklyn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 13, 1967.

Attorney(s) appearing for the Case

Herbert S. Garten, Baltimore, Md., (Fedder & Garten, S. Ronald Ellison, Baltimore, Md., Joel L. Jacobson, Commack, N. Y., on the brief), for petitioner-appellant.

Carl Golden, Asst. U. S. Atty., (Joseph P. Hoey, U. S. Atty., for Eastern District of New York, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and WATERMAN, and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Stuart M. Kanas was inducted into the Army on June 28, 1967. His father, Matthew Kanas, petitioned the United States District Court for the Eastern District of New York, on his son's behalf, for a writ of habeas corpus. The application claimed that Stuart's induction was unlawful because he was a cantor employed by a Jewish congregation in Pennsylvania, and thus entitled to exemption from the draft...

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