Legal Opinion
Bertelsen v. Cooney
Court of Appeals for the Fifth Circuit
Decided May 20, 1954No. 14804_1PublishedCited by 20 opinions
1Opinion of the Court
STRUM, Circuit Judge.
Appellant, a graduate medical doctor, when 33 years old was drafted into the United States Army in an enlisted status, in which he is now serving. He was offered a commission both before and after induction, but declined.
As petitioner below, he sought, but was refused, discharge by habeas corpus, claiming that Public Law 779, § 4(i) (2), 81st Congress, Second Session, 64 Stat. 826, 50 U.S.C.A.Appendix, § 454(i) (2), under which he was drafted, is invalid.
The Act, now an amendment of the Universal Military Training Act, authorizes the President, subject to certain…
2Cases cited19 opinions
- Bolling v. SharpeSupreme Court of the United States · 1954
- Hirabayashi v. United StatesSupreme Court of the United States · 1943
- Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
- Falbo v. United StatesSupreme Court of the United States · 1944
- United States v. MacIntoshSupreme Court of the United States · 1931
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- J. D. Williamson, Jr. v. Paul E. Vardeman, Judge of Jackson County, and Susan StantonCourt of Appeals for the Eighth Circuit · 1982
- Barcelo v. BrownDistrict Court, D. Puerto Rico · 1979
- United States v. Claud Michael KemberCourt of Appeals for the Ninth Circuit · 1971
- United States v. RichmondDistrict Court, C.D. California · 1967
15 more not listed; retrieve them via the Exa API.