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STELLA v. SELECTIVE SERVICE SYS. OF U. S. OF A., LOC. BD. NO. 66

No. 846, Docket 34825.

427 F.2d 887 (1970)

Kenneth R. STELLA, Plaintiff-Appellant, v. SELECTIVE SERVICE SYSTEM OF the UNITED STATES OF AMERICA, LOCAL BOARD NO. 66, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 8, 1970.

Attorney(s) appearing for the Case

David B. Lubash, Jamaica, N. Y., for plaintiff-appellant.

Edward R. Neaher, U. S. Atty., Eastern Dist. of New York (Lloyd H. Baker, Asst. U. S. Atty., on the brief), for defendant-appellee.

Before SMITH and HAYS, Circuit Judges, and TENNEY, District Judge.

TENNEY, District Judge.

This appeal from an order of the District Court for the Eastern District of New York (Judd, J.), denying plaintiff-appellant's application for a preliminary injunction, presents for review the issue of whether Section 10(b)(3) of the Military Selective Service Act of 1967, 50 U.S.C.App. § 460(b)(3), deprives the District Court of jurisdiction of the within action. Tangentially presented for review...

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