DAVIS v. MEMBERS OF SELECTIVE SERVICE BD. NO. 30 OF TEX.

No. 29078.

433 F.2d 736 (1970)

Harvey Lee DAVIS, Plaintiff-Appellant, v. The MEMBERS OF SELECTIVE SERVICE BOARD NUMBER 30 OF TEXAS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied February 1, 1971.


Attorney(s) appearing for the Case

H. Averil Sweitzer, Harvey Davis, Dallas, Tex., for plaintiff-appellant.

Kenneth J. Mighell, Asst. U.S. Atty., Eldon B. Mahon, U.S. Atty., Dallas, Tex., for defendants-appellees.

Before GEWIN, MORGAN and ADAMS Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied February 1, 1971.

PER CURIAM:

The issue here is whether appellant may enjoin his induction into the United States Army on the ground that the local draft board illegally refused to grant him status as a conscientious objector. The district court denied the injunction by ruling that although appellant was entitled to preinduction relief he was nonetheless barred from obtaining relief because of his failure to present...

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