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U.S. Court of Appeals for the Third Circuit, 1972

Harry R. Benner v. Mg Howard H. Cooksey, Commanding General, U. S. Army Training Center, Infantry, Fort Dix, New Jersey

Harry R. Benner v. Mg Howard H. Cooksey, Commanding General, U. S. Army Training Center, Infantry, Fort Dix, New Jersey
U.S. Court of Appeals for the Third Circuit · Decided November 24, 1972 · Aldisert, Gibbons, Hunter, Per Curiam
468 F.2d 622; 1972 U.S. App. LEXIS 6566 (Federal Reporter, Second Series)

Harry R. Benner v. Mg Howard H. Cooksey, Commanding General, U. S. Army Training Center, Infantry, Fort Dix, New Jersey

Opinion

OPINION OF THE COURT

PER CURIAM:

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 pro *623 ceedings 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.

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