UNITED STATES EX REL. STEIN v. GILLEN

No. 71-1725.

463 F.2d 533 (1972)

UNITED STATES of America ex rel. Morse Fredric STEIN, Petitioner-Appellant, v. Major Roland G. GILLEN et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 1972.


Attorney(s) appearing for the Case

George C. Pontikes, Chicago, Ill., for petitioner-appellant.

Joseph Beeler, Robert N. Clinton, Chicago, Ill., Curry First, Milwaukee, Wis., John N. Tierney, Chicago, Ill., for amici curiae, Central Committee for Conscientious Objectors); Midwest Committee for Draft Counseling; American Friends Service Committee; and Illinois Division American Civil Liberties Union.

James R. Thompson, U. S. Atty., Jeffrey Cole, John Peter Lulinski, Mary L. Sfasciotti, Asst. U. S. Atty., Chicago, Ill., for appellees.

Before DUFFY and CASTLE, Senior Circuit Judges, and FAIRCHILD, Circuit Judge.


CASTLE, Senior Circuit Judge.

The petitioner-appellant, Morse Fredric Stein, prosecutes this appeal from the District Court's denial of his petition for writ of habeas corpus in which appellant seeks an order directing his discharge from the custody of the Armed Forces. The petition was filed on June 16, 1971, on the same day appellant was inducted, and is grounded on the allegation, inter alia, that there is no basis in fact for the decisions of the local...

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