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ARMENDARIZ v. HERSHEY

No. 27554.

413 F.2d 1006 (1969)

Albert ARMENDARIZ, Jr., Plaintiff-Appellee, v. Lewis B. HERSHEY, Director, Selective Service, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1969.

Attorney(s) appearing for the Case

Ted Butler, U. S. Atty., Reese L. Harrison, Jr., Warren N. Weir, Asst. U. S. Attys., San Antonio, Tex., for appellants.

Pete Tijernia, Mario Obledo, San Antonio, Tex., Jack Greenberg, William L. Robinson, Elizabeth Dubois, New York City, for appellee.

Before AINSWORTH and GODBOLD, Circuit Judges, and DAWKINS, District Judge.

PER CURIAM:

On January 17, 1969, appellee, a second year law student at the University of Texas Law School, brought this action in the United States District Court for the Western District of Texas, alleging that Section 6(i) (2) of the Military Service Act of 1967, 50 U.S.C.App. § 456(i) (2),1 mandated that he receive a I-S student deferment until the end of the academic year, and that the failure of his selective service board to...

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