United States ex rel. Goodman v. Roberts

SWAN, Circuit Judge.

This is an appeal by the relator, David Goodman, from dismissal of a writ of ha-beas corpus which was sued out for the purpose of testing the legality of the induction into the United States Army of the relator’s son, Eugene Goodman. The claim of illegality was based upon allegations that the son was a rabbinical student in a bona fide Theological Seminary and consequently was entitled to 4D classification under *842the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, §§ 301 et seq. But the merits of this claim were not considered by the District Court and are…