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GROSSO v. RESOR

No. 732, Docket 71-1109.

439 F.2d 233 (1971)

Stephen GROSSO, Petitioner-Appellant, v. Stanley RESOR, United States Secretary of the Army; Commanding Officer, Fort Hamilton, New York; Commanding General, Fort Ord, California; Commanding General, 25th Infantry Division, Viet Nam, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 15, 1971.

Attorney(s) appearing for the Case

Bruce F. Smith, Asst. U. S. Atty., Edward R. Neaher, U. S. Atty., E.D.N.Y., for respondents-appellees.

Before WATERMAN and FRIENDLY, Circuit Judges, and McLEAN, District Judge.

WATERMAN, Circuit Judge:

Stephen Grosso, a private in the United States Army serving with the 25th Infantry Division, Vietnam, but presently stationed at Fort Dix, New Jersey,1 challenges the denial by the United States District Court for the Eastern District of New York, of his petition for either mandamus or habeas corpus relief on the alternative grounds that his induction into military service was unlawful, or that, even if he had...

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