United States ex rel. Whitaker v. Callaway

OPINION

LUONGO, District Judge.

This is a petition for a writ of habeas corpus by Francis Craig Whitaker, a member of the reserves, who seeks to have his enlistment voided on the ground that the Army, in violation of its own regulations, failed to give him a complete physical examination prior to his enlistment in the reserves. Whitaker’s contention is that the failure to give him a complete physical misled him into the belief that he was physically qualified, and caused him to enlist in the reserves to avoid the draft notice which he believed to be imminent.

An evidentiary hearing1 was held on…