FONTENOT v. WADE

Civ. A. No. 70-1641.

318 F.Supp. 111 (1970)

Frank FONTENOT v. Lieutenant General David WADE, State Director of Selective Service, Selective Service Local Board No. 103, Baton Rouge, Louisiana.

United States District Court, E. D. Louisiana, New Orleans Division.

July 15, 1970.


Attorney(s) appearing for the Case

Kenneth C. Scullin, Lannis A. Kircus, Baton Rouge, La., for plaintiff.

Gerald J. Gallinghouse, U. S. Atty., James Carriere, Asst. U. S. Atty., New Orleans, La., for defendant.


HEEBE, District Judge.

Plaintiff, Frank Fontenot, seeks an injunction to prohibit his local draft board from ordering his induction into the armed forces. Plaintiff further prays for a mandamus compelling his local board and the Secretary of the Army to reclassify him from I-A (available for induction) to IV-F (physically unfit).

The defendant, in answering this suit, filed a motion to dismiss on the grounds that plaintiff's complaint fails to state a claim...

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