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UNITED STATES EX REL. VELLRATH v. VOLATILE

Civ. A. No. 70-199.

308 F.Supp. 1025 (1970)

UNITED STATES ex rel. Andrew VELLRATH, Petitioner, R. D. 2, Landenberg, Pennsylvania, v. Thomas M. VOLATILE, Commanding Officer, Armed Forces, Examining Entrance Station, 401 North Broad Street, Philadelphia, Pennsylvania, and Secretary of Defense, The Pentagon, Arlington, Virginia.

United States District Court, E. D. Pennsylvania.

February 6, 1970.

Attorney(s) appearing for the Case

Richard A. Axelrod, of Shuman, Denker & Land, Philadelphia, Pa., for petitioner.

L. C. Bechtle, U. S. Atty., Philadelphia, Pa., for respondents.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

This is a petition for a writ of habeas corpus filed by Andrew Vellrath against Thomas M. Volatile, Commanding Officer of the Armed Forces Examining Entrance Station in Philadelphia, and the Secretary of Defense wherein petitioner seeks release from military custody.1 Petitioner contends that his order to report for induction is void thereby making his custody illegal. In essence...

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