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FOLEY v. HERSHEY

No. 17438.

409 F.2d 827 (1969)

James E. FOLEY, Plaintiff-Appellant, v. Lewis B. HERSHEY, Director of Selective Service, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 9, 1969.

Attorney(s) appearing for the Case

Robert L. Henn, Daniel R. Paladino, Bruce J. Winick, Bloomington, Ind., for plaintiff-appellant.

Morton Hollander, Ralph R. Fine, U. S. Dept. of Justice, Civil Division, Washington, D. C., K. Edwin Applegate, U. S. Atty., Indianapolis, Ind., William D. Ruckelshaus, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before SWYGERT, FAIRCHILD and CUMMINGS, Circuit Judges.

PER CURIAM.

Plaintiff is a second-year graduate student in English at Indiana University, Bloomington, Indiana. He is seeking a declaratory judgment and other relief entitling him to a I-S Selective Service System classification. Plaintiff completed his college studies before enactment of the Selective Service Act of 1967, and thus he has had no deferment as an undergraduate since its enactment. During his first year of graduate study, he held a II-S deferment which...

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