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NESTOR v. HERSHEY

No. 23314.

425 F.2d 504 (1969)

James R. NESTOR, Appellant, v. Lewis B. HERSHEY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1969.

Attorney(s) appearing for the Case

Fred R. Joseph, with whom Karl G. Feissner, William L. Kaplan, Thomas P. Smith, and Andrew E. Greenwald, Hyattsville, Md., were on the brief, for appellant.

Ralph A. Fine, Atty., Department of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., Thomas A. Flannery, U. S. Atty., and Morton Hollander, Atty., Department of Justice, were on the brief, for appellees. John A. Terry and Joseph Hannon, Asst. U. S. Attys., also entered appearances for appellees.

Alan Dranitzke, Washington, D. C. (appointed by this court) as amicus curiae.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

ROBB, Circuit Judge:

Upon receipt of an order to report for induction into military service, appellant, a second-year graduate student in chemistry at the University of Maryland, sought from his local draft board and was denied a deferment from service until the completion of his then current academic year. Following appropriate but unsuccessful appeals through the Selective Service System, appellant invoked the jurisdiction of the District Court under the authority...

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