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UNITED STATES v. TOON

Misc. No. 825.

52 F.Supp. 170 (1943)

UNITED STATES ex rel. DE GRAW v. TOON, Lieutenant Colonel.

District Court, E. D. New York.

October 22, 1943.

Attorney(s) appearing for the Case

Frederick G. Watson, of New York City, for relator.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., (Frank J. Parker, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for respondent.

ABRUZZO, District Judge.

This is a hearing on a return to a writ of habeas corpus.

The relator, under the Selective Service and Training Act, of 1940, 50 U.S.C.A. Appendix, § 301 et seq., was classified in Class 1-A and was ordered to report for induction into the Army on December 15, 1942. He reported for active duty on December 22, 1942.

Prior thereto, the relator's application to be placed in a deferred classification because of the destitution...

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