Giz v. Brownell

DANAHER, Circuit Judge, with whom Circuit Judge BASTIAN

concurs.

We concur in Judge BAZELON’S opinion as to No. 12873 — Gurcay v. Brownell and No. 13043 — Moran v. Brownell. We agree with Judge Bazelon’s disposition of the claim by Giz that he sought “draft exemption under mistake.” As to the other aspects of the question presented in No. 12839 — Giz v. Brownell, we prefer to state our position as will be developed.

Giz, a citizen of Turkey, entered the United States on September 9, 1939, as a student. After studying English in Massachusetts, he entered the University of California as a…