Legal Opinion

United States ex rel. McCarthy v. Cook

Court of Appeals for the Third Circuit

Decided May 23, 1955No. 11515PublishedCited by 6 opinions

1Opinion of the Court

WILLSON, District Judge.

Appellant Justin K. McCarthy whs inducted into the army on November 23, 1954, pursuant to the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq. His induction was involuntary and under protest. On the day of his induction he filed an application for a writ of habeas corpus in which he sought his discharge from service. A full hearing was had in the district court on the rule to show cause why the writ should not issue. The district judge discharged the rule and denied the writ. This appeal followed. The district court will be affirmed.

The…

2Cases cited6 opinions

  1. Estep v. United StatesSupreme Court of the United States · 1946
  2. Dickinson v. United StatesSupreme Court of the United States · 1953
  3. Eagles v. United States Ex Rel. SamuelsSupreme Court of the United States · 1946
  4. United States v. StilesCourt of Appeals for the Third Circuit · 1948
  5. Eagles v. United States Ex Rel. HorowitzSupreme Court of the United States · 1946

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3Cited by6 opinions

  1. Richard Glenn Keene v. United StatesCourt of Appeals for the Tenth Circuit · 1959
  2. Wesley Lawrence Uffelman v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  3. Curtis A. Jessen v. United StatesCourt of Appeals for the Tenth Circuit · 1957
  4. United States v. Willie Clyde HarrisCourt of Appeals for the Seventh Circuit · 1971
  5. Falcon v. Selective Service System, Local Board 169District Court, W.D. Pennsylvania · 1970

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