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UNITED STATES v. NEFF

No. 19383.

446 F.2d 1164 (1971)

UNITED STATES of America ex rel. Arthur KAMESHKA, Appellant, v. Col. Donald F. NEFF, Commanding Officer, Armed Forces Examining and Entrance Station, Pittsburgh, Pennsylvania, and Stanley R. Resor, Secretary of the Army.

United States Court of Appeals, Third Circuit.

Decided August 17, 1971.

Attorney(s) appearing for the Case

George E. Schumacher, Esquire, Schumacher & White, Pittsburgh, Pa., for appellant.

David M. Curry, Asst. U. S. Atty., Pittsburgh, Pa., for appellees.

Before HASTIE, Chief Judge, and FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

In the court below petitioner Arthur Kameshka, a registered Pennsylvania pharmacist who had been drafted into military service, sought a writ of habeas corpus for release from the Armed Forces on the ground that his I-A classification and resultant induction order were illegal because his employment as a pharmacist in Allegheny County qualified him for a II-A occupational deferment which the local board illegally...

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