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KULAS v. LAIRD

No. 70 C 388.

315 F.Supp. 345 (1970)

Grahame J. KULAS, Petitioner, v. Hon. Melvin LAIRD, Secretary of Defense, Hon. Stanley Resor, Secretary of the Army, Commanding Officer, Armed Forces Examining and Entrance Station, Fort Hamilton, Brooklyn, New York, Respondents.

United States District Court, E. D. New York.

May 14, 1970.

Attorney(s) appearing for the Case

Thomas M. Quinn, New York City, for petitioner.

Edward R. Neaher, U. S. Atty. for Eastern District of New York, Brooklyn, for respondents, Steven Arniotes, New York City, of counsel.

MEMORANDUM AND ORDER GRANTING WRIT OF HABEAS CORPUS

WEINSTEIN, District Judge.

Petitioner seeks a writ of habeas corpus releasing him from the custody of the Armed Services. Since the final order to report for induction, pursuant to which the petitioner submitted to induction on March 30, 1970, is invalid, the writ must issue, and the petitioner must be released.

I. FACTS

The only evidence apart from the Selective Service file was the uncontradicted...

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