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BILLINGS v. TRUESDELL

No. 215.

321 U.S. 542 (1944)

64 S.Ct. 737

88 L.Ed. 917

BILLINGS v. TRUESDELL, MAJOR GENERAL, UNITED STATES ARMY.

Supreme Court of United States.

Decided March 27, 1944.

Attorney(s) appearing for the Case

Mr. Lee Bond submitted for petitioner.

Mr. Edward G. Jennings, with whom Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Robert S. Erdahl, Valentine Brookes, and Malcolm A. Hoffmann were on the brief, for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Sec. 11 of the Selective Training and Service Act of 1940 (54 Stat. 894, 50 U.S.C. App. § 311) provides that "No person shall be tried by any military or naval court martial in any case arising under this Act unless such person has been actually inducted for the training and service prescribed under this Act or unless he is subject to trial by court martial under laws in force prior to the enactment of this...

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