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UNITED STATES EX REL. SMITH v. COMMANDING OFFICER, ETC.

No. 70-C-419.

318 F.Supp. 571 (1970)

UNITED STATES of America ex rel. Cordell SMITH, Plaintiff, v. COMMANDING OFFICER, ARMED FORCES EXAMINING AND ENTRANCE STATION, MILWAUKEE, WISCONSIN, Defendant.

United States District Court, E. D. Wisconsin.

October 20, 1970.

Attorney(s) appearing for the Case

David J. Cannon, U. S. Atty., by Terry E. Mitchell, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Greenberg, Karp & Heitzman, by Sander Karp, Milwaukee, Wis., for defendant.

OPINION and ORDER

MYRON L. GORDON, District Judge.

Cordell Smith has petitioned for the issuance of a writ of habeas corpus; he contends that he was unlawfully inducted into the United States armed forces.

Mr. Smith had been ordered to report for induction on October 24, 1969. On July 1, 1970, he applied to his board for an SSS form 150 relating to conscientious objection and filed it on July 16, 1970. His induction took place on July 22, 1970, at...

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