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SLOAN v. LOCAL BOARD NO. 1, BERNALILLO COUNTY, N. M.

No. 284-69.

414 F.2d 125 (1969)

Geoffrey W. SLOAN, Appellant, v. LOCAL BOARD NO. 1, BERNALILLO COUNTY, NEW MEXICO, Clyde A. Hill, Chairman, Horace Barela, Dr. Ralph Tapy, Timothy B. Keleher, Robert W. Botts, Gen. John P. Jolly, Gen. Lewis B. Hershey, John Mitchell, Attorney General of the United States of America, Appellees.

United States Court of Appeals Tenth Circuit.

August 11, 1969.

Attorney(s) appearing for the Case

William S. Dixon, Albuquerque, N. M., for appellant.

Morton Hollander, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Victor R. Ortega, U. S. Asst. Atty., and Michael P. Watkins, Asst. U. S. Atty., with him on the brief) for appellees.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is a pre-induction suit filed in the district court wherein appellant Sloan seeks to overturn his I-A classification and enjoin his induction into the armed forces pursuant to the order of his local board.

The question presented is the extent to which § 10(b) (3) of the Military Selective Service Act of 19671 denies or prohibits pre-induction judicial review of local board determinations in the...

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