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UNITED STATES EX REL. SUGG v. COMMANDING OFFICER U. S. A. F.

Civ. No. 1971-557.

365 F.Supp. 844 (1973)

UNITED STATES of America, ex rel. Michael Ned SUGG, Petitioner, v. COMMANDING OFFICER UNITED STATES ARMED FORCES EXAMING AND ENTRANCE STATION, Respondents.

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

November 2, 1973.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., (William H. Gardner, Buffalo, N. Y., of counsel) for petitioner.

John T. Elfvin, U. S. Atty., W.D.N.Y. (Anne M. Srebro, Buffalo, N. Y., of counsel) for respondents.

CURTIN, District Judge.

The petitioner, inducted into the United States Army on December 9, 1971 applies for a writ of habeas corpus. This court has jurisdiction pursuant to 28 U. S.C. § 2241.

Petitioner was classified 1-A on September 4, 1970 and had been assigned lottery number 162. On January 1, 1971 petitioner was placed in the Extended Priority Selection Group, his lottery number having been reached by his Local Board but petitioner having not been...

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