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UNITED STATES EX REL. GEIGER v. McBEE

No. 18325.

430 F.2d 344 (1970)

UNITED STATES of America ex rel. Richard Charles GEIGER, Petitioner-Appellant, v. Lt. Col. Willie H. McBEE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 28, 1970.

Attorney(s) appearing for the Case

Stanley A. Bass, Community Legal Counsel, Michael E. Povich, Cook County Legal Assistance, Chicago, Ill., for petitioner-appellant.

Thomas A. Foran, U. S. Atty., Eugene Robinson, Chicago, Ill., for respondent-appellee; John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge and CUMMINGS, Circuit Judge.

DUFFY, Senior Circuit Judge.

On March 5, 1970, petitioner Geiger submitted to induction pursuant to an order of his Draft Board. He then immediately filed a petition for a writ of habeas corpus challenging the validity of the order. The District Court denied the petition and petitioner appealed to this Court. We temporarily enjoined the commanding officer of the Induction Station from removing petitioner from the district for a period to and including March 11, 1970...

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