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UNITED STATES EX REL. MULFORD v. COMMANDING OFFICER, ETC.

No. 71-C-302.

338 F.Supp. 1120 (1971)

UNITED STATES of America ex rel. Marc A. MULFORD, Petitioner, v. COMMANDING OFFICER, ARMED FORCES ENTRANCE AND EXAMINING STATION, FORT HAMILTON, N. Y. and Local Board No. 1, Respondents.

United States District Court, E. D. New York.

April 29, 1971.

Attorney(s) appearing for the Case

Kunstler, Kunstler & Hyman, New York City, by S. J. Hyman, New York City, for petitioner.

Robert A. Morse, U. S. Atty., E. D. N. Y., Mary Maguire, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for defendants.

Memorandum of Decision and Order

MISHLER, Chief Judge.

Petitioner claims he was inducted into the United States Army unlawfully on March 18, 1971.1 He seeks a writ of habeas corpus from custody by respondent. The petition alleges that Local Board No. 1, where petitioner was registered, issued the order of induction after illegally classifying him 1-A. Two specific grounds are stated to support the claim of illegality:...

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