BRADLEY v. LAIRD

No. 409-70.

449 F.2d 898 (1971)

Private John Thomas BRADLEY, Jr., Appellee, v. Hon. Melvin LAIRD, Secretary of Defense, et al., Appellants.

United States Court of Appeals, Tenth Circuit.

October 28, 1971.


Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City (Melvin L. Wulf, New York City, and Wayne T. Stratton, Topeka, Kan., were with him on the brief), for appellee.

Edward H. Funston, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., was on the brief), for appellants.

Before PICKETT and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.


HOLLOWAY, Circuit Judge.

The Government appeals from the grant of habeas relief for release of appellee Bradley from Military custody. The case was submitted to the District Court on a stipulation of facts and documentary exhibits. On this record the Court made detailed findings of fact, including an ultimate finding that appellee was declared delinquent and ordered inducted by the Board by reason of its view that Bradley's act of turning in his Selective Service...

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