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DAVIS v. HERSHEY

No. 69-1062.

310 F.Supp. 565 (1969)

Michael Blair DAVIS et al., Plaintiffs, v. Lewis B. HERSHEY et al., Defendants.

United States District Court, C. D. California.

August 18, 1969.

Attorney(s) appearing for the Case

Margolis & McTernan, Barry Nakell, Los Angeles, Cal., for plaintiffs.

Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Division, David H. Anderson, Asst. U. S. Atty., Los Angeles, Cal., for defendants.

MEMORANDUM OPINION

CURTIS, District Judge.

The plaintiffs here have raised the question of whether or not they have an absolute right to a I-S classification under the provisions of § 6(i) (2) of the Military Selective Service Act of 1967 [50 U.S.C. App. § 456(i) (2)]. They contend that they do, and in support thereof they seek an order enjoining their induction and directing defendants to reclassify them I-S.

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