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BRANHAM v. LANGLEY

No. 5160.

139 F.2d 115 (1943)

BRANHAM v. LANGLEY et al.

Circuit Court of Appeals, Fourth Circuit.

November 16, 1943.

Attorney(s) appearing for the Case

William Kinckle Allen, of Amherst, Va., for appellant.

Frank S. Tavenner, Jr., U. S. Atty., of Woodstock, Va., for appellees.

Before PARKER and SOPER, Circuit Judges, and WARING, District Judge.

PER CURIAM.

This is an appeal from an order dismissing a suit instituted to enjoin a local induction board from delivering plaintiff for induction into the army as a Negro. Plaintiff registered as an Indian. The Board entered an order that he be delivered for induction as a Negro. Before the hearing below, however, the Board changed the order and directed that plaintiff report for induction without determination of his race...

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