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UNITED STATES EX REL. STARSHAK v. GILLEN

No. 71-1076.

455 F.2d 221 (1972)

UNITED STATES of America ex rel. John J. STARSHAK, Jr., Petitioner-Appellant, v. Custodians, Major Rollin G. GILLEN and Stanley Resor, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

January 4, 1972.

Attorney(s) appearing for the Case

Sidney Ezra, Chicago, Ill., for petitioner-appellant.

James R. Thompson, U. S. Atty., Theodore T. Scudder, Asst. U. S. Atty., William J. Bauer, U. S. Atty., Chicago, Ill., for respondents-appellees; John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before FAIRCHILD, PELL and SPRECHER, Circuit Judges.

PER CURIAM.

Appellant appealed from the order of January 27, 1971, denying a temporary restraining order and dismissing his petition for writ of habeas corpus.

The petition challenged custody of appellant in the armed forces, following his induction on January 27, 1971. The petition alleged that appellant was classified I-A on February 12, 1970; that he and his employer appealed; that the local board refused to reopen and the appeal board retained the I-A...

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