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UNITED STATES EX REL. GALASSO v. COMMANDING OFF., U. S. A.

No. 658, Docket 35787.

438 F.2d 339 (1971)

UNITED STATES of America ex rel. John Michael GALASSO, Relator-Appellant, v. COMMANDING OFFICER, U. S. ARMY, FT. HAMILTON, BROOKLYN, NEW YORK, Commanding Officer, U. S. Armed Forces Entrance & Examining Station, Ft. Hamilton, Brooklyn, New York, and Secretary of Defense, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 18, 1971.

Stay Denied March 8, 1971.

Attorney(s) appearing for the Case

James B. Zane, New York City (Zane & Zane, New York City, on the brief), for relator-appellant.

Robert Rosenthal, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E.D.N. Y., on the brief), for respondents-appellees.

Paul G. Chevigny, Marvin M. Karpatkin, Jeremiah S. Gutman, New York City, New York Civil Liberties Union Selective Service and Military Law Panel, as Amicus Curiae.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

Stay Denied March 8, 1971. See 91 S.Ct. 965.

PER CURIAM:

We affirm the district court's order, filed December 11, 1970, dismissing and denying Galasso's petition for a writ of habeas corpus, for the reasons stated in Judge Dooling's thorough and persuasive opinion, reported at 323 F.Supp. 4 (E.D.N.Y.1970).

The only point that we need to mention here is Galasso's argument that it was improper for the Local...

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