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MINNIS v. COMMANDING OFFICER, ARMED FORCES E. & E. S., N. Y.

No. 69 Civ. 492.

298 F.Supp. 767 (1969)

Timothy J. MINNIS, Petitioner, v. COMMANDING OFFICER, ARMED FORCES EXAMINING AND ENTRANCE STATION, NEW YORK, Respondent.

United States District Court S. D. New York.

February 17, 1969.

Attorney(s) appearing for the Case

Jeffrey L. Dissin, Naomi Rice and James R. Cohen, New York City, for petitioner.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for respondent; Martin P. Solomon, Asst. U. S. Atty., of counsel.

McGOHEY, District Judge.

Memorandum and Order

The petitioner seeks release from the Armed Forces on the ground that his induction on February 6, 1969, was illegal. The material facts are set out in the petition and are not disputed by the respondent.

It appears that the petitioner's Selective Service classification was II-S while he was an undergraduate studying for a Bachelor's degree in music at Ohio State University from which he was graduated...

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