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UNITED STATES EX REL. JOHNSON v. IRBY

No. 29062.

438 F.2d 114 (1971)

UNITED STATES ex rel. Johnny Bussie JOHNSON, Plaintiff-Appellant, v. Brig, General Richard L. IRBY, United States Army, Commanding Officer, Fort Polk, Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 5, 1971.

Attorney(s) appearing for the Case

Charles White, New Orleans, La., Michael B. Trister, Oxford, Miss., James Cox, Lake Charles, La., John W. Reed, New Orleans La., for appellant.

Donald E. Walter, U. S. Atty., R. Perry Pringle, David R. Lestage, Asst. U. S. Attys., Shreveport, La., Robert H. Schemwell, Asst. U. S. Atty., for appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In this appeal a member of the Armed Forces challenges the validity of his induction by filing a writ of habeas corpus. We affirm the district court's denial of the writ.

Johnny Bussie Johnson completed his college education and accepted a position as a high school mathematics teacher for the school year 1968-1969. Upon request, Local Board No. 10, Houston, Mississippi, granted Johnson...

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