ANTONUK v. UNITED STATES

No. 20766.

445 F.2d 592 (1971)

Robert S. ANTONUK, Petitioner-Appellant, v. UNITED STATES of America et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

July 8, 1971.


Attorney(s) appearing for the Case

Dale Adams, Detroit, Mich., for petitioner-appellant; Green, Green & Adams, Detroit, Mich., on brief.

James W. Russell, Asst. U. S. Atty., Detroit, Mich., for respondents-appellees; Ralph B. Guy, Jr., U. S. Atty., Frederick S. Van Tiem, Asst. U. S. Atty., Detroit, Mich., on brief.

Sheldon M. Meizlish, Detroit, Mich., for American Civil Liberties Union of Michigan as amicus curiae; Erwin B. Ellmann, Chairman, Joel Shere and Sheridan Holzman, Co-Chairmen, Legal Committee, Detroit, Mich., on brief.

Before EDWARDS, CELEBREZZE, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This appeal concerns the involuntary activation of an Army reservist. Petitioner, Robert S. Antonuk, enlisted in the Army Reserve on February 4, 1965. In December 1969 he was ordered to report for active duty on January 13, 1970, pursuant to 10 U.S.C. § 673a, on the grounds that he had accumulated more than five unexcused absences from scheduled drills during a one-year period. Antonuk claimed...

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