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UNITED STATES EX REL. TAYLOR v. FRITZ

Civ. No. 10-172-C-1.

323 F.Supp. 673 (1971)

UNITED STATES of America ex rel. Warren Lee TAYLOR, Petitioner, v. Major Edward W. FRITZ, Commanding Officer of the Fort Des Moines Examining and Entrance Station, Respondent.

United States District Court, S. D. Iowa, Central Division.

February 2, 1971.

Attorney(s) appearing for the Case

Robert C. Oberbillig, Des Moines, Iowa, for petitioner.

Allen L. Donielson, U. S. Atty., and Richard J. Barry, Asst. U. S. Atty., for respondent.

MEMORANDUM AND ORDER

STEPHENSON, Chief Judge.

By this action Warren Lee Taylor, a December 14, 1970 inductee into the Armed Forces of the United States, seeks his release from the custody of Major Edward W. Fritz, Commanding Officer of the Fort Des Moines Examining and Entrance Station. He bases his claim on 28 U.S.C. § 2241 et seq. The case was tried to the Court on January 6 and 7, 1971.

Taylor's basic position is that his induction was unlawful...

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