The opinion of the court was delivered by: MEANEY
Motion has been made by Daniel M. Berman, the relator herein, to set aside the findings of fact and conclusions of law, and the order entered thereon, after a supplemental hearing on April 2, 1953 in the above-entitled matter, and for the granting of a new trial as to the issues raised at that hearing.
The basis for the motion is the allegation that actually the relator was not provided with a 'fair resume' of evidence adverse to him in the investigator's report,
as required by the decision of the Supreme Court in the case of United States v. Nugent, 1953, 346 U.S. 1, 73 S. Ct. 991.
What constitutes a fair resume in any individual case must ultimately depend on whether or not such resume constituted a comprehensive, intelligible and reasonable digest or summary of information which may have been unfavorable to the relator, and which was contained in the investigator's report.
In the findings of this court, now questioned by this motion, the court found that the relator was given free access to the report of the hearing officer. This court now finds that the letter to the relator of April 26, 1951 was a 'fair resume of any adverse evidence in the investigator's report',
and that he was denied no right properly his in respect to the adequacy of the resume. It would seem that relator's quarrel is not so much with the proceedings complained of in his motion as with the law-making body and the court which definitively has passed upon this particular phase of the Selective Service Act, this of course presuming the correctness of this court's conclusions.
The motion, therefore, must be ...