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UNITED STATES EX REL. ZELMAN v. CARPENTER

No. 86, Docket 35672.

457 F.2d 621 (1972)

UNITED STATES of America ex rel. Donald Samuel ZELMAN, Petitioner-Appellee, v. Glen D. CARPENTER, Maj. United States Army, Commander, Armed Forces Examining and Entrance Station, and the Secretary of the Army, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 27, 1972.

Attorney(s) appearing for the Case

Joel L. Daniels, Buffalo, N. Y., for petitioner-appellee.

Norman E. S. Greene, Asst. U. S. Atty. (H. Kenneth Schroeder, Jr., U. S. Atty., for Western District of New York, on the brief), for respondents-appellants.

Before LUMBARD, WATERMAN and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

Donald Zelman was classified I-A by his local draft board and issued a notice of induction. After exhausting his administrative appeals, he sought a writ of habeas corpus which was granted in Western District of New York on the ground that the draft board had had no basis in fact for issuing the I-A classification. The United States has appealed. We reverse.

Judicial review of a draft board's classification of a registrant has always...

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