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WARREN v. ABERNATHY

Nos. 4499, 4502.

198 F.2d 622 (1952)

WARREN et al. v. ABERNATHY et ux. ABERNATHY et ux. v. WARREN et al.

United States Court of Appeals Tenth Circuit.

August 14, 1952.

Attorney(s) appearing for the Case

Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., for appellants and cross-appellees.

Luther Bohanon, Oklahoma City, Okl. (Bert Barefoot, Jr., and Bohanon & Adams, Oklahoma City, Okl., of counsel, on the brief), for appellees and cross-appellants.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

Earl Edward Abernathy, hereinafter called the registrant, and Juanita Abernathy, his wife, brought this action against the members of Selective Service Local Board No. 33, Altus, Jackson County, Oklahoma, and sought a judgment directing the Local Board to reclassify the registrant as II-C, or, in the alternative, directing the Local Board to accord the registrant an appeal from its refusal to reopen and consider anew his classification.

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