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UNITED STATES EX REL. GASTON v. CASSIDY

No. 68-C-1308.

296 F.Supp. 986 (1969)

UNITED STATES of America ex rel. Gerald R. GASTON, Relator, v. Colonel John A. CASSIDY, Commanding Officer, Ft. Hamilton, Brooklyn, New York, Respondent.

United States District Court E. D. New York.

March 4, 1969.

Attorney(s) appearing for the Case

Kunstler & Kunstler, New York City, for relator; Michael J. Kunstler, New York City, of counsel.

Vincent T. McCarthy, U. S. Atty., E. D. New York, for respondent; Howard L. Stevens, Asst. U. S. Atty., of counel.

ZAVATT, Chief Judge.

This is a petition for a writ of habeas corpus by a member of the armed forces who was inducted on December 10, 1965. He contends that he has served more than the twenty-four consecutive months for which he was inducted pursuant to the Selective Service Act, 50 U.S.C. App. § 454(b),1 and that the extension of that period of service by the Army, pursuant to 10 U.S.C. § 972,2 is...

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