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MERCED ROSA v. HERRERO

No. 7444.

423 F.2d 591 (1970)

Florencio MERCED ROSA, etc., Plaintiff, Appellant, v. Blas C. HERRERO, Jr., etc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 25, 1970.

Attorney(s) appearing for the Case

Frederick H. Cohn, New York City, with whom Roberto Maldonado, San Juan, P. R., Olaguibeet A. Lopez Pacheco, Rio Piedras, P. R., and Lefcourt, Garfinkle, Crain, Cohn, Sandler & Lefcourt, New York City, were on brief, for appellant.

Robert V. Zener, Atty., Department of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., Blas C. Herrero, Jr., U. S. Atty., Morton Hollander and Robert E. Kopp, Attys., Department of Justice, were no brief, for appellees.

Before ALDRICH, Chief Judge, and McENTEE, Circuit Judge.

ALDRICH, Chief Judge.

Plaintiff Merced Rosa, having failed to report for induction, was indicted under the Selective Service Act, 50 U.S.C.App. §§ 454, 462(a). Following two years of preliminary matters, two days before the date assigned for trial he filed the present suit seeking the appointment of a three-judge district court under 28 U.S.C. § 2282 to obtain a declaratory judgment and to enjoin his prosecution, alleging various infringements of his...

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