VAN ORDEN v. LAIRD

No. 72-1233.

467 F.2d 250 (1972)

C. Lynn VAN ORDEN, Petitioner-Appellant, v. Melvin R. LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 3, 1972.


Attorney(s) appearing for the Case

Robert M. McDonald, Salt Lake City, Utah, for petitioner-appellant.

Stanton R. Koppel, Atty., Dept. of Justice (Harlington Wood, Jr., Acting Asst. Atty. Gen., C. Nelson Day, U.S. Atty., and Morton Hollander and Thomas J. Press, Attys., Dept. of Justice, on the brief), for respondents-appellees.

Before LEWIS, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

In this selective service case appellant seeks reversal of a judgment of the district court denying his petition for a writ of habeas corpus and injunction. The trial court ruled that habeas corpus did not lie because the petitioner-appellant was not in the actual custody of respondent. The prayer for an injunction was denied on the ground that the trial court lacked jurisdiction to review the action of the local board prior to induction...

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