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MARSANO v. LAIRD

No. 69-C-137.

298 F.Supp. 280 (1969)

Michael E. MARSANO, Petitioner, v. Hon. Melvin LAIRD, Secretary of Defense; Hon. Stanley R. Resor, Secretary of the Army; Maj. Leon Grant, Commanding Officer, Armed Forces Examining and Entrance Station, Fort Hamilton, Brooklyn, New York; Lt. Gen. Lewis B. Hershey, National Director of Selective Service; and Local Board No. 3, Great Neck, New York, Respondents.

United States District Court E. D. New York.

March 20, 1969.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, Michael N. Pollet, William E. Crain, Jeremiah S. Gutman, Alan H. Levine, New York City, for petitioner.

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

BARTELS, District Judge.

Petitioner, Michael E. Marsano, a graduate student, having been ordered to report for induction, is now in the custody of the Armed Forces Examining and Entrance Station, Fort Hamilton, Brooklyn, New York, and applies for a writ of habeas corpus.

The facts are not unusual. Marsano registered with the Selective Service Local Board No. 3 in Great Neck, New York, on December 20, 1963, pursuant to the Universal Military Training and Service...

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