UNITED STATES EX REL. LUSTER v. McBEE

No. 17742.

422 F.2d 562 (1970)

UNITED STATES of America ex rel. Donnell Leonard LUSTER, Petitioner-Appellant, v. Colonel William H. McBEE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

February 9, 1970.


Attorney(s) appearing for the Case

Anthony J. Murray, Jr., Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for appellee; John Peter Lulinski, Michael B. Nash, Howard M. Hoffmann, Asst. U. S. Attys., of counsel.

Before CASTLE, Chief Judge, KERNER, Circuit Judge, and ESCHBACH, District Judge.


ESCHBACH, District Judge.

This is an appeal from the district court's dismissal, following an evidentiary hearing, of appellant Donnell Leonard Luster's petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241 et seq., seeking his release from the United States Army.

On appeal, appellant raises the following issues: (1) whether his selective service file contained a basis in fact for his local board's and the state appeal board's classifying...

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