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LAWTON v. TARR

No. 71-1507.

446 F.2d 787 (1971)

Fred LAWTON, Appellant, v. Curtis W. TARR et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1971.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N. C., and Thomas F. Loflin, III, Durham, N. C. (Spaulding & Loflin, Durham, N. C., on brief), for appellant.

Richard J. Bryan, Asst. U. S. Atty. for Eastern Dist. of N. C. (Warren H. Coolidge, U. S. Atty., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Fred Lawton, asserting that his induction into the army was illegal, appeals from the denial of a writ of habeas corpus. Because we find no infirmity in the procedures that led to Lawton's induction, we affirm.

Lawton was classified I-A on November 9, 1970. His random sequence number was reached by his local board in 1970, but insufficient time remained in the calendar year to induct him. Accordingly, in the middle of December, the...

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