ITZCOVITZ v. SELECTIVE SERVICE LOCAL BOARD NUMBER 6, N. Y.

No. 68 Civ. 4312.

301 F.Supp. 168 (1969)

Diego Ricardo ITZCOVITZ, a permanent resident alien residing in New York, New York, Plaintiff, v. SELECTIVE SERVICE LOCAL BOARD NUMBER 6, NEW YORK, New York; Colonel Paul Akst, Director of the New York City Headquarters of the Selective Service System; Colonel William H. Boughton, Director of the New York State Headquarters of the Selective Service System; and P. A. Esperdy, New York District Director of the Immigration and Naturalization Service, Defendants.

United States District Court S. D. New York.

May 7, 1969.


Attorney(s) appearing for the Case

New York Civil Liberties Union, for plaintiff; Burt Neuborne, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for the United States; Daniel Riesel, Special Asst. U. S. Atty., of counsel.

Daniel O. Omer, Deputy Director and Gen. Counsel, Selective Service System, amicus curiae on behalf of the Director of Selective Service; Roy R. Bartlett, Washington, D. C., of counsel.


OPINION

HERLANDS, District Judge:

By this motion, plaintiff seeks to enjoin pendente lite two federal agencies: the Selective Service System and the Immigration and Naturalization Service of the Department of Justice.

With respect to the Selective Service System, plaintiff asks this Court to declare his outstanding induction order invalid and to direct that he be reclassified as an alien exempt from compulsory military service pursuant to...

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