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UNITED STATES EX REL. KULKA v. GILLEN

No. 71-1085.

452 F.2d 611 (1971)

UNITED STATES of America ex rel. Chester Lawrence KUKLA, Petitioner-Appellant, v. Major Rollin G. GILLEN, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied November 1, 1971.

Attorney(s) appearing for the Case

Michael E. Povich, Cook County Legal Assistance Foundation, Harvey, Ill., for petitioner-appellant.

William J. Bauer, U. S. Atty., Michael D. Stevenson, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before CUMMINGS, KERNER, and SPRECHER, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal is from the denial of a petition for writ of habeas corpus without the holding of the requested evidentiary hearing. We reverse.

Petitioner alleged that he was illegally inducted into the Armed Forces on November 25, 1970. He had been deferred as a student until his graduation from high school. On September 5, 1968, he was classified I-A. A few weeks thereafter, his father wrote Local Board No. 112 that he was disabled...

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