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MAGARO v. CASSIDY

No. 27940.

426 F.2d 137 (1970)

Gerald E. MAGARO, Plaintiff-Appellant, v. Major General Richard T. CASSIDY, Commanding General, USAADCEN & Fort Bliss, Fort Bliss, Texas and Stanley R. Resor, Secretary of the Army, Department of the Army, Washington, D. C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 23, 1970.

Attorney(s) appearing for the Case

Gerald E. Magaro, pro se, Maury Maverick, Jr., San Antonio, Tex., James M. Simons, Austin, Tex., for plaintiff-appellant.

Ted Butler, U. S. Atty., Warren N. Weir, Asst. U. S. Atty., San Antonio, Tex., for defendants-appellees.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

Magaro appeals from denial of his petition for a writ of habeas corpus. He contends that he should be released from military service because in several respects his local Selective Service board denied him due process of law in handling his case. We conclude that he was entitled to grant of the writ.

A chronology of his Selective Service file is necessary to understanding the case. Magaro registered with his local board in Halifax,...

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