United States of America Ex Rel. Chester Lawrence Kukla v. Major Rollin G. Gillen

CUMMINGS, Circuit Judge.

This appeal is from the denial of a petition for writ of habeas corpus without the holding of the requested evidentiary hearing. We reverse.

Petitioner alleged that he was illegally inducted into the Armed Forces on November 25, 1970. He had been deferred as a student until his graduation from high school. On September 5, 1968, he was classified I-A. A few weeks thereafter, his father wrote Local Board No. 112 that he was disabled, deserted by his wife, and dependent on petitioner for his sole economic support. On October 25, 1968, petitioner sent a letter to his local…