Legal Opinion

Kulas v. Laird

District Court, E.D. New York

Decided May 14, 1970No. 70 C 388PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER GRANTING WRIT OF HABEAS CORPUS.

WEINSTEIN, District Judge.

Petitioner seeks a writ of habeas corpus releasing him from the custody of the Armed Services. Since the final order to report for induction, pursuant to which the petitioner submitted to induction on March 30, 1970, is invalid, the writ must issue, and the petitioner must be released.

I. FACTS

The only evidence apart from the Selective Service file was the uncontradicted testimony of the petitioner. This testimony is highly credible. The United States knew the substance of petitioner’s claims and had ample…

2Cases cited31 opinions

  1. Estep v. United StatesSupreme Court of the United States · 1946
  2. Sicurella v. United StatesSupreme Court of the United States · 1955
  3. United States v. David Arthur GeareyCourt of Appeals for the Second Circuit · 1966
  4. Simmons v. United StatesSupreme Court of the United States · 1955
  5. David Bruce Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1967

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3Cited by2 opinions

  1. United States v. WilsonDistrict Court, S.D. New York · 1972
  2. United States of America Ex Rel. George Garfield Khamis v. Custodian, Stanley ResorCourt of Appeals for the Seventh Circuit · 1971

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