MARSANO v. LAIRD

No. 643, Docket 33519.

412 F.2d 65 (1969)

Michael E. MARSANO, Petitioner-Appellant, v. Hon. Melvin LAIRD, Secretary of Defense; Hon. Stanley R. Resor, Secretary of the Army; Maj. Leon Grant, Commanding Officer Armed Forces Examining and Entrance Station, Fort Hamilton, Brooklyn, New York; Lt. Gen. Lewis B. Hershey, National Director of Selective Service; and Local Board No. 3, Great Neck, New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided June 16, 1969.


Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City, (Michael N. Pollet, and Alan H. Levine, New York City, on the brief), for petitioner-appellant.

Howard L. Stevens, Asst. U. S. Atty., Brooklyn, N. Y. (Vincent T. McCarthy, U. S. Atty., for Eastern District of New York, Brooklyn, N. Y.), for respondents-appellees.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.


MOORE, Circuit Judge.

The question presented on this appeal is whether a second-year graduate student is entitled by law to be deferred until the end of the academic year after he has received an order to report for induction during that year. Michael Marsano is, and has been since September 1967, a full-time graduate student at Columbia University, New York City, New York. During the 1967-68 academic year he was deferred as a graduate student under Section 6(h) ...

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