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Benner v. Cooksey

decided: November 24, 1972.

SP 4 HARRY R. BENNER, APPELLANT,
v.
MG HOWARD H. COOKSEY, COMMANDING GENERAL, U.S. ARMY TRAINING CENTER, INFANTRY, FORT DIX, NEW JERSEY



Aldisert, Gibbons and Hunter, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

Certain important questions presented by this appeal from a denial of habeas corpus relief to an in-service petitioner challenging Selective Service processes have now been resolved by two decisions of this court which were not available to the district court at the time these proceedings were before it. United States ex rel. Bent v. Laird, 453 F.2d 625 (3d Cir. 1971), and Cale v. Volatile, 465 F.2d 1110 (3d Cir. 1972).

Accordingly, the judgment of the district court will be vacated and the proceedings remanded for reconsideration.

19721124

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