Corrigan

Corrigan v. Secretary of Army

Good Law
211 F.2d 293·1954 U.S. App. LEXIS 2553
United States Court of Appeals for the Ninth CircuitMarch 5, 195414038California1,767 words

Opinion

Opinion

Stephens, J.

Ronald J. Corrigan, hereinafter called “petitioner”, upon relation of his mother, through a petition for the issuance of the writ of habeas corpus, seeks his release from restraint of the United States Army officers who hold him as a member of the United States Armed Services. A hearing was had on the petition, the return thereto and an order to show cause pursuant to stipulation that the return should be considered as a traverse and that the proceedings should have the same force and effect that the issuance of the writ would have had, had it issued and had the hearing been held thereon. However, petitioner was present throughout the proceedings. The court declined to order petitioner’s release and instead dismissed the petition. Petitioner appealed.

The issue of fact is whether petitioner was ever inducted into the Service.

On the 15th day of April, 1953, petitioner, having been regularly processed through the Selective Service law, 50 U.S.C.A.Appendix, § 451 et seq., and declared a Selectee with the A-l classification, was, with about fifty Selectees, taken to a room around 9:00 A. M. where he was given physical and psychological examinations and near the middle of the day,…

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