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BREEN v. SELECTIVE SERV. LOCAL BD. NO. 16, BRIDGEPORT, CONN.

No. 47, Docket 32345.

406 F.2d 636 (1968)

Timothy J. BREEN, Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 16, BRIDGEPORT, CONNECTICUT and Brig. Gen. Ernest E. Novey, Individually and as Director of the Selective Service System for Connecticut, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 10, 1969.

Attorney(s) appearing for the Case

Emanuel Margolis, Stamford, Conn. (Lawrence P. Weisman, Bridgeport, Conn.), for plaintiff-appellant.

Jon O. Newman, U. S. Atty., Hartford, Conn., for defendants-appellees.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiff Breen, a 20-year old resident of Connecticut, is a registrant under the Selective Service System. He had held a II-S (student) deferment, 50 U.S.C. App. § 456(h) (1), 32 C.F.R. § 1622.25, because of being an undergraduate at the Berkeley School of Music in Boston. In mid-November, 1967, he delivered his Selective Service Registration Certificate to a clergyman in Boston for the purpose of protesting United States involvement...

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