Legal Opinion

John E. Burke v. The United States and the United States Army, Etc.

Court of Appeals for the Seventh Circuit

Decided January 16, 1975No. 74--1196Published

1Per curiam

This appeal is from the denial of a petition for writ of habeas corpus. The verified petition shows that Burke was inducted into the United States Army on June 14, 1973. At the Armed Forces Entrance and Examining Station in Milwaukee, Wisconsin, he supplied the examining physicians with reports of four private physicians purportedly showing that he suffered from allergic rhinitis and bronchial asthma. Burke alleged that his induction was unlawful because it was contrary to those Army Regulations which specifically prohibit the induction of men who suffer from “chronic atrophic rhinitis” or,…

2Cases cited9 opinions

  1. Orloff v. WilloughbySupreme Court of the United States · 1953
  2. Byrne v. ResorCourt of Appeals for the Third Circuit · 1969
  3. United States v. Robert Allen ShunkCourt of Appeals for the Ninth Circuit · 1971
  4. 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
  5. United States v. Joseph Louis SowulCourt of Appeals for the Ninth Circuit · 1971

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