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WEISSMAN v. OFFICER OF THE DAY

No. 705, Docket 35566.

444 F.2d 1326 (1971)

Robert L. WEISSMAN, Appellee, v. OFFICER OF THE DAY, "John Doe," Commanding Officer, Armed Forces Examination and Induction Station, Fort Hamilton, Brooklyn, New York, and Local Board No. 3, Appellants.

United States Court of Appeals, Second Circuit.

Decided July 2, 1971.

Attorney(s) appearing for the Case

David J. Weinstein, New York City (Kazdin & Weinstein, New York City, of counsel), for appellee.

Lloyd H. Baker, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E.D.N. Y., and David G. Trager, Asst. U. S. Atty., of counsel), for appellants.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.

FRIENDLY, Chief Judge:

This is an appeal by the Government from an order of the District Court for the Eastern District of New York, Joseph C. Zavatt, Judge, granting appellee's petition for a writ of habeas corpus to be released from the army on the ground that there was no basis in fact for classifying him I-A in light of his claim of extreme personal hardship. Disagreeing with the district court's conclusion and finding appellee's other contention to be...

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