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UNITED STATES EX REL. VACCARINO v. OFFICER OF DAY

No. 69 Civ. 3475.

305 F.Supp. 732 (1969)

UNITED STATES of America ex rel. Joseph VACCARINO, Petitioner, v. OFFICER OF the DAY, "John Doe," Commanding Officer, Armed Forces Examining and Induction Station, Whitehall Street, New York, N. Y., and Local Board No. 1, Respondents.

United States District Court S. D. New York.

October 28, 1969.

Attorney(s) appearing for the Case

Kunstler & Kunstler, New York City, for petitioner; Steven J. Hyman, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, New York City, for respondents; Brian J. Gallagher, Asst. U. S. Atty., New York City, of counsel.

OPINION

MacMAHON, District Judge.

Joseph Vaccarino petitions this court, pursuant to 28 U.S.C. §§ 2241 and 2242, for a writ of habeas corpus directing his release from the United States Army. Petitioner was inducted into the army on August 7, 1969 under an induction order originally issued on October 29, 1968, by respondent, Selective Service Local Board No. 1.

Petitioner's plight stems from various applications made to his draft board...

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