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ANDRE v. RESOR

No. C-70 678.

313 F.Supp. 957 (1970)

Robert ANDRE, Petitioner, v. Stanley R. RESOR, Secretary of the Army, et al., Respondents.

United States District Court, N. D. California.

May 22, 1970.

Attorney(s) appearing for the Case

Mark Susnow, Michael S. Sorgen, San Francisco, Cal., for petitioner.

James L. Browning, U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., for respondents.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

ZIRPOLI, District Judge.

Petitioner was inducted pursuant to the delinquency regulations, 32 C.F.R. § 1642.1-1642.46, for failure to keep his local Selective Service Board informed of his current address. Petitioner was therefore inducted unlawfully under the holding of Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970). See also Breen v. Selective...

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