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

No. 778, Docket 71-1031.

446 F.2d 1079 (1971)

UNITED STATES of America ex rel. Joseph VACCA, Jr., Detainee, Petitioner-Appellant, v. COMMANDING OFFICER, FT. HAMILTON, UNITED STATES ARMED FORCES EXAMINATION AND ENTRANCE STATION, BROOKLYN, NEW YORK, Custodian of Joseph Vacca, Jr., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 20, 1971.

Attorney(s) appearing for the Case

Henry Mark Holzer, New York City (Erika Holzer, New York City, on the brief), for petitioner-appellant.

Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Neaher, U. S. Atty., on the brief), for respondent-appellee.

Before MOORE and SMITH, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

Appellant Vacca, having been inducted into the Armed Forces of the United States on December 22, 1970 and on the same day having filed a petition for a writ of habeas corpus claiming he was being unlawfully detained pursuant to an order for induction issued by his local board in violation of the Military Selective Service Act of 1967, 50 U.S.C. App. § 451, et seq. (Supp. V, 1965-69), appeals from an order entered January 8, 1971, after...

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