Legal Opinion
United States ex rel. Caputo v. Sharp
District Court, E.D. Pennsylvania
Decided July 12, 1968No. Misc. No. M-3799PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
WEINER, District Judge.
Relator on this petition for a writ of habeas corpus contends that he was unlawfully inducted into the United States Marine Corps by his local board of the Selective Service System. Because we find that relator’s induction was invalid, contravening as it did a regulation of the Selective Service System itself and thereby depriving relator of his liberty without the due process of law guaranteed him by the Fifth Amendment, we shall grant the writ for the reasons discussed below.
A preliminary summary of the facts will be helpful. Relator originally…
2Cases cited11 opinions
- Estep v. United StatesSupreme Court of the United States · 1946
- Dickinson v. United StatesSupreme Court of the United States · 1953
- Witmer v. United StatesSupreme Court of the United States · 1955
- Eugene Farmer v. Philadelphia Electric CompanyCourt of Appeals for the Third Circuit · 1964
- Sarah Etta Davis, Administratrix of the Estate of Earl Sinclair Davis, Deceased v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fourth Circuit · 1961
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3Cited by4 opinions
- Commonwealth v. Harmar Coal Co.Supreme Court of Pennsylvania · 1973
- Hupart v. Bd. of Higher Ed. of City of New YorkDistrict Court, S.D. New York · 1976
- Good v. WohlgemuthCommonwealth Court of Pennsylvania · 1974
- United States of America Ex Rel. James Charles Mazenis v. Lt. Col. Willie H. McBeeCourt of Appeals for the Seventh Circuit · 1970