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GEE v. SMITH

Civ. A. No. 13226.

306 F.Supp. 891 (1969)

William Fletcher GEE, for himself and all others similarly situated and Mrs. Louise Gee (11-18-69) v. Colonel James M. SMITH, as Commanding Officer, Armed Forces Induction and Physical Examination Station, Lieutenant General Louis W. Truman, as Commanding General, Third United States Army, Lester G. Maddox, as Governor of the State of Georgia, Colonel Harry Stevens, as State Director, Georgia Headquarters of the Selective Service System, R. W. Dichenight, Dr. L. M. Burrow, and Dr. James P. Westberry, as Members of Local Board No. 62, Fulton County, Georgia; Frances Johnson, as Executive Secretary of Local Board No. 62, and Local Board No. 62, Selective Service System.

United States District Court N. D. Georgia, Atlanta Division.

November 26, 1969.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for plaintiffs.

Charles L. Goodson, U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Arthur K. Bolton, Atty. Gen., State of Ga., Mathew Robbins, Asst. Atty. Gen., for defendants.

ORDER

EDENFIELD, District Judge.

This is a preinduction civil action in which plaintiff, a black citizen, seeks an injunction to prevent his induction into the armed forces of the United States, and on behalf of himself and all other black selective service registrants seeks to have the Military Selective Service Act of 1967 declared unconstitutional as applied to those within the class which plaintiff claims to represent.

Plaintiff alleges that...

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