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HELDEN v. LAIRD

No. 69 Civ. 3433.

306 F.Supp. 1351 (1969)

Stephen W. HELDEN, Petitioner, v. Melvin R. LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and the Commanding Officer, Armed Forces Examining and Entrance Station, 39 Whitehall Street, New York, New York, Respondents.

United States District Court S. D. New York.

December 11, 1969.

Attorney(s) appearing for the Case

Paul G. Chevigny, New York City, for petitioner.

Robert M. Morgenthau, U.S. Atty. for the Southern District of New York, New York City, for respondents; Simon P. Gourdine, Asst. U.S. Atty., New York City, of counsel.

OPINION

MacMAHON, District Judge.

Stephen W. Helden petitions for a writ of habeas corpus under 28 U.S.C. § 2241, claiming that his induction into, and present detention in, the United States Army violate his constitutional right to procedural due process. Petitioner alleges that Selective Service Local Board No. 59, in Syracuse, New York, failed to consider all the pertinent information submitted concerning his request for a II-A occupational deferment...

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