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UNITED STATES EX REL. APPLEBAUM v. SEAMAN

No. 72 Civ. 4872.

365 F.Supp. 1177 (1973)

UNITED STATES of America, ex rel. Harry APPLEBAUM, Petitioner, v. Robert C. SEAMAN, Jr., Secretary of the Air Force & Commanding Officer, U. S. Air Force Reserve, Personnel Center, Respondents.

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

June 20, 1973.

Attorney(s) appearing for the Case

Kunstler, Kunstler & Hyman by Steven J. Hyman, New York City, for petitioner.

Paul J. Curran, U. S. Atty., by V. Pamela Davis, Asst. U. S. Atty., New York City, for respondent.

OPINION

MOTLEY, District Judge.

Harry Applebaum, a physician in the United States Air Force Reserve, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner brought on the instant petition by order to show cause dated November 16, 1972. The petition is granted for the reasons which follow.

Petitioner, a resident of New York, received his appointment as an Air Force Reservist after his order of induction dated March 17, 1971. He...

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