Pascher v. Kinkead
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Application by the United States, on the relation of Max Pascher, for writ of habeas corpus againát Eugene F. Kinlcead and others, acting as Local Board, etc. From a judgment discharging the writ and remanding relator (248 Fed. 141), relator appeals.
1Opinion of the Court
McPHERSON, Circuit Judge.
The relator, Max Pascher (or Pecker), was selected for active military service, hut claims to be exempt on the ground that he was boni, and is now, an alien enemy. _ The District Court heard the case on petition and return, and the original papers referred to in these pleadings (with some others) have been laid before us. An outline of the relevant facts will make clear the points for decision:
On June 5, 1917, the relator registered, stating that he was 29 years old, had been born in Austria in June, 1888, and was a naturalized citizen. On August 14th he was approved…
2Cases cited1 opinion
- United States ex rel. Pascher v. KinkeadDistrict Court, D. New Jersey · 1918
3Cited by18 opinions
- United States v. GriemeCourt of Appeals for the Third Circuit · 1942
- United States Ex Rel. Trainin v. CainCourt of Appeals for the Second Circuit · 1944
- United States Ex Rel. Filomio v. PowellDistrict Court, D. New Jersey · 1941
- Local Draft Board No. 1 v. ConnorsCourt of Appeals for the Ninth Circuit · 1941
- United States Ex Rel. Errichetti v. BairdDistrict Court, E.D. New York · 1941
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