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ELEEY v. VOLATILE

Civ. A. No. 70-3257.

339 F.Supp. 57 (1971)

Michael F. ELEEY v. Thomas M. VOLATILE, Commanding Officer, and Secretary of Defense.

United States District Court, E. D. Pennsylvania.

February 16, 1971.

Attorney(s) appearing for the Case

Steven M. Dranoff, Mesirov, Gelman, Jaffe & Levin, Philadelphia, Pa., Ralph A. Boniello, III, Boniello, Gellman, Anton, Brydges & Conti, Niagara Falls, N. Y., for petitioner.

Barry W. Kerchner, Asst. U. S. Atty., Philadelphia, Pa., for respondents.

OPINION AND ORDER

FULLAM, District Judge.

Petitioner submitted to induction into the United States Armed Forces on November 25, 1970. He immediately filed in this Court a petition for a writ of habeas corpus. A temporary restraining order was issued preventing petitioner's removal from the jurisdiction, pending the disposition of the petition. A hearing on the petition was held January 8, 1971 at which counsel stipulated to the introduction of petitioner...

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