Legal Opinion

Burke v. United States

District Court, E.D. Wisconsin

Decided January 18, 1974No. 73-C-319PublishedCited by 1 opinion

1Opinion of the Court

DECISION and ORDER

MYRON L. GORDON, District Judge.

This petition for a writ of habeas corpus was filed to challenge the petitioner’s induction into the armed forces. A temporary restraining order was granted shortly after the case was filed. That order prohibits the respondents from removing the petitioner from the court’s jurisdiction pending resolution of this matter. The government has moved to dismiss the petition and vacate the order. Both sides have filed briefs.

The examining physicians at the armed forces entrance and examining station found the petitioner medically qualified for…

2Cases cited9 opinions

  1. Orloff v. WilloughbySupreme Court of the United States · 1953
  2. Reaves v. AinsworthSupreme Court of the United States · 1911
  3. Byrne v. ResorCourt of Appeals for the Third Circuit · 1969
  4. United States v. Robert Allen ShunkCourt of Appeals for the Ninth Circuit · 1971
  5. United States of America Ex Rel. Warren Lee Taylor v. Major Edward W. Fritz, Commanding Officer of the Fort Des Moines Examining and Entrance StationCourt of Appeals for the Eighth Circuit · 1971

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3Cited by1 opinion

  1. John E. Burke v. The United States and the United States Army, Etc.Court of Appeals for the Seventh Circuit · 1975

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