MOSKOWITZ v. KINDT

Civ. A. No. 43345.

273 F.Supp. 646 (1967)

David Bruce MOSKOWITZ v. J. Winston KINDT, Commander Edward O'Malley, Hon. Stanley Resor, and Hon. Robert MacNamara.

United States District Court E. D. Pennsylvania.

August 31, 1967.


Attorney(s) appearing for the Case

Abraham J. Brem Levy, Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Myrna B. Marshall, Asst. U. S. Atty., Philadelphia, Pa., for defendant.


MEMORANDUM OPINION

WEINER, District Judge.

This is a motion to dismiss the complaint of a twenty-year-old student who seeks a declaratory judgment and an injunction to prevent his induction into the United States armed forces.

Plaintiff was originally classified I-A-O on August 26, 1965, which qualified him as a "conscientious objector available for noncombatant military service only," 32 C.F.R. sec. 1622.11 (1967). After becoming a full-time student...

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