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GROSSO v. RESOR

Civ. A. No. 70-C-1538.

322 F.Supp. 670 (1971)

Stephen GROSSO, Petitioner, v. Stanley RESOR, United States Secretary of the Army, Commanding Officer, Fort Hamilton, New York, Commanding General, Fort Ord, California, Commanding General, 25th Infantry Division, Viet Nam, Respondents.

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

January 13, 1971.

Attorney(s) appearing for the Case

Eugene Prosnitz, New York City, for petitioner.

Edward R. Neaher, U. S. Atty., Eastern District of New York, for respondents; Bruce F. Smith, Asst. U. S. Atty., of counsel.

BARTELS, District Judge.

Stephen Grosso, presently serving with the 25th Infantry Division, Vietnam, petitions this court for mandamus and habeas corpus relief on the grounds that (1) his induction into the Army was unlawful because he was medically unfit under procurement medical standards due to the existence of a left inguinal hernia (Army Regulation 40-501, Chap. 2, Sec. II, Par. 2-3h) and (2) the Army has failed to follow Army Regulation 635-200, Chap...

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