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BABCOCK v. LOCAL BOARD NO. 5 FOR STATE OF DELAWARE

Civ. A. No. 4026.

321 F.Supp. 1017 (1970)

William Lane BABCOCK, Jr., Plaintiff, v. LOCAL BOARD NO. 5 for the STATE OF DELAWARE, Selective Service System, Composed of Howard F. Dobson, Chairman, Horace H. Ulmer, Member, Gilbert J. Sloan, Member, John R. Doherty, Jr., Member and George F. Dunn, Member, Clifford E. Hall, State Director of Selective Service for the State of Delaware, and Curtis W. Tarr, Director of Selective Service, Defendants.

United States District Court, D. Delaware.

December 29, 1970.

Attorney(s) appearing for the Case

Alfred J. Lindh, of Taylor, Lindh & Paul, Wilmington, Del., for plaintiff.

F. L. Peter Stone, U. S. Atty., Norman Levine, Asst. U. S. Atty., Wilmington, Del., for defendants.

OPINION

STAPLETON, District Judge.

Plaintiff is a registrant under the Selective Service Act. On June 18, 1969, after having had a student deferment during college, plaintiff was reclassified I-A by his draft board, Local Board No. 89 in the State of Louisiana. On November 25, 1969, Local Board No. 89 ordered the plaintiff to report for induction on December 8, 1969. His induction was postponed by subsequent orders until the issuance of the pending order...

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