MARTIRE v. SELECTIVE SERV. LOC. BD. NO. 15, BRIDGEPORT, CONN.

No. 665, Docket 35630.

442 F.2d 895 (1971)

Frank MARTIRE, Jr., Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 15, BRIDGEPORT, CONNECTICUT and Brig. Gen. Ernest E. Novey, Individually and as Director of the Selective Service System for Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1971.


Attorney(s) appearing for the Case

Richard L. Albrecht, Bridgeport, Conn., for plaintiff-appellant.

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., J. F. Bishop, Washington, D. C., Atty., Stewart H. Jones, U. S. Atty., D.Conn., on the brief), for defendants-appellees.

Before FRIENDLY and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.


FEINBERG, Circuit Judge:

Frank Martire, Jr. appeals from an order of the United States District Court for the District of Connecticut, T. Emmet Clarie, J., which dismissed his suit for an injunction against induction into the Armed Forces on the ground that the court lacked jurisdiction under Selective Service Act § 10(b) (3). For the reasons stated below, we direct that the record be supplemented.

In late September 1969, Martire was ordered to take an...

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