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WRIGHT v. SELECTIVE SERV. SYS., L. B. NO. 105, ST. LOUIS CO., MINN.

No. 5-70 Civ. 58.

319 F.Supp. 509 (1970)

Robert Austin WRIGHT, Plaintiff, v. SELECTIVE SERVICE SYSTEM, LOCAL BOARD NO. 105, ST. LOUIS COUNTY, MINNESOTA; Colonel Robert P. Knight, as Director of Selective Service of the State of Minnesota; Selective Service System, Local Board No. 80, Wood County, Wisconsin; Colonel Bentley Courtenay, as Director of Selective Service of the State of Wisconsin; and Selective Service System Appeal Board for the State of Minnesota, Defendants.

United States District Court, D. Minnesota, Fifth Division.

October 5, 1970.

Attorney(s) appearing for the Case

James J. Boyd and Jeffrey N. Brauwerman, St. Paul, Minn., for plaintiff.

Robert G. Renner, U. S. Atty. by Stephen G. Palmer, Asst. U. S. Atty., for defendant.

NEVILLE, District Judge.

Plaintiff seeks an injunction to prevent defendants from inducting him into the armed services. Defendants' principal contention is that under 50 U.S.C. App. § 460(b) (3) this court lacks jurisdiction, since by the terms of such statute:

"No judicial review shall be made of the classification or processing of any registrant by local boards [except as to] the question of the jurisdiction * * * only when there is no basis in fact...

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