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UNITED STATES EX REL. MILLER v. EBERHARDT

Civ. A. No. 14781.

324 F.Supp. 961 (1971)

UNITED STATES of America ex rel. Eugene Alan MILLER, Petitioner, v. Lt. Col. Ernest M. EBERHARDT, Commanding Officer, A.F.E.E.S.; Stanley Resor, U. S. Secretary of the Army, and Melvin Laird, U. S. Secretary of Defense, In Their Official Capacities, Respondents.

United States District Court, N. D. Georgia, Atlanta Division.

March 12, 1971.

Attorney(s) appearing for the Case

Larry D. Woods, David A. Webster, Atlanta, Ga., for petitioner.

Allen I. Hirsch, Asst. U. S. Atty., N. D. Georgia, Atlanta, Ga., for respondents.

ORDER

MOYE, District Judge.

In this petition for habeas corpus under 28 U.S.C. § 2241, petitioner seeks a discharge from the Armed Forces on the ground that his induction was in violation of his right to due process of law. As a matter of background only, petitioner was classified as I-A by his local draft board (Local Board No. 62, Atlanta, Georgia) in August of 1970. Petitioner sought to be reclassified as III-A (hardship deferment) because of his...

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