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UNITED STATES EX REL. CAPUTO v. SHARP

Misc. No. M-3799.

286 F.Supp. 516 (1968)

UNITED STATES ex rel. Anthony J. CAPUTO, Jr. v. G. F. SHARP, Capt., U.S.N. Commanding Officer, U. S. Naval Station Brig, Philadelphia, Pa.

United States District Court E. D. Pennsylvania.

July 12, 1968.

Attorney(s) appearing for the Case

John Roger Carroll, Philadelphia, Pa., for petitioner.

Drew J. T. O'Keefe, U. S. Atty., James C. Lightfoot, Merna B. Marshall, Asst. U. S. Attys., Philadelphia, Pa., for respondent.

MEMORANDUM OPINION

WEINER, District Judge.

Relator on this petition for a writ of habeas corpus contends that he was unlawfully inducted into the United States Marine Corps by his local board of the Selective Service System. Because we find that relator's induction was invalid, contravening as it did a regulation of the Selective Service System itself and thereby depriving relator of his liberty without the due process of law guaranteed him by the Fifth...

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