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FEIN v. SELECTIVE SERV. SYS. LOCAL BD. NO. 7, YONKERS, N. Y.

No. 626, Docket 33737.

430 F.2d 376 (1970)

Oliver T. FEIN, Plaintiff-Appellant, v. SELECTIVE SERVICE SYSTEM LOCAL BOARD NO. 7, YONKERS, NEW YORK, Selective Service Appeal Board for the Southern District of New York, Col. John W. Brokaw, Acting Director, New York Selective Service System, New York State Selective Service Director, National Selective Service Appeal Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 23, 1970.

Attorney(s) appearing for the Case

Michael B. Standard, New York City (Rabinowitz, Boudin & Standard, New York City, of counsel), for plaintiff-appellant.

Peter R. DeFilippi, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Patricia M. Hynes, Asst. U. S. Atty., of counsel), for defendants-appellees.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge.

Appellant is a doctor of medicine. While obtaining his education, he was classified II-S (student deferment), and upon graduation and while serving as an intern, he was classified II-A (occupational deferment). In September 1967, while still II-A, he wrote to the local board stating his conscientious objection to war and requesting the appropriate forms. He filed an application for a I-O (conscientious objector) classification and appeared...

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