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DAVIS v. HERSHEY

No. 24814.

430 F.2d 1296 (1970)

Michael Blair DAVIS et al., Plaintiffs-Appellants, v. Lewis B. HERSHEY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 21, 1970.

Attorney(s) appearing for the Case

Barry Nakell (argued), and Wm. G. Smith, of Margolis & McTernan, Los Angeles, Cal., for plaintiffs-appellants.

David H. Anderson (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Chief, Civil Division, Los Angeles, Cal., for defendants-appellees.

Before MERRILL and TRASK, Circuit Judges, and PENCE, District Judge.

PER CURIAM:

Appellants are all graduate students who, at the times in 1969 when each received his respective order to report for induction, were satisfactorily pursuing postgraduate courses at a university. Each has had a graduate II-S deferment since June 20, 1967, and none has had an undergraduate II-S deferment since that date. After being ordered to report, each was denied a I-S classification for the academic year 1968-69.

On June 2, 1969, appellants...

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