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IMUS v. UNITED STATES GOVERNMENT

Nos. 394-70, 395-70.

447 F.2d 1008 (1971)

James Austin IMUS for himself and on behalf of all Selective Service Registrants in this State of Utah, Plaintiffs, v. UNITED STATES GOVERNMENT, its officers and agents, including the Attorney General, et al., Defendants-Appellants, Richard J. Mair et al., Intervenors, C. Lynn Van Orden and Ole B. Jensen, Petitioners for Intervention, Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 1971.

Attorney(s) appearing for the Case

Thomas J. Press, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., C. Nelson Day, U. S. Atty., Robert V. Zener, Atty., Dept. of Justice, with him on the brief), for appellants.

Richard J. Leedy, Salt Lake City, Utah (Robert M. McDonald, Salt Lake City, Utah, on the brief), for appellee, C. Lynn Van Orden.

Bryce E. Roe, Salt Lake City, Utah, for appellee, Ole B. Jensen.

Before CLARK, Associate Justice, SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

This is an appeal by the United States from the granting by the trial court of an Injunction Pendente Lite restraining it from altering the selective service status of C. Lynn Van Orden, and from what was titled a Temporary Restraining Order enjoining it from inducting Ole B. Jensen into the Armed Forces.

Van Orden and Jensen had moved to intervene in this action which had been commenced by James Austin Imus for himself and for other selective...

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