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ITZCOVITZ v. SELECTIVE SERVICE LOCAL BD. NO. 6, N. Y., N. Y.

No. 820, Docket 35664.

447 F.2d 888 (1971)

Diego Ricardo ITZCOVITZ, a permanent resident alien residing in New York, New York, Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NUMBER 6, NEW YORK, NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 1, 1971.

Attorney(s) appearing for the Case

Burt Neuborne, New York City (Paul Chevigny and Alan H. Levine), New York Civil Liberties Union, New York City (David Orlin, New York City, of counsel), for plaintiff-appellant.

Daniel Riesel, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Alan B. Morrison, Asst. U. S. Atty., of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Appellant, Diego Ricardo Itzcovitz, a permanent resident alien, seeks a declaratory judgment enabling him to leave the United States for a brief time and a limited purpose, without the threat of being declared an excludable alien upon his return. The purpose of his proposed trip is to attend a special training course in Tel Aviv conducted by his employer, El Al Israel Airlines. He asserts and the Government concedes that, because he exercised...

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