PLOTNER v. RESOR

No. 31030.

446 F.2d 1066 (1971)

James F. PLOTNER, Jr., Sp. 4, United States Army, Petitioner-Appellee, v. Stanley R. RESOR, Secretary of the Army, and John C. F. Tillson, III, Commanding General, Fort Gordon, Georgia, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

June 29, 1971.


Attorney(s) appearing for the Case

R. Jackson B. Smith, Jr., U. S. Atty., William T. Morton, Barnee C. Baxter, Jr., Asst. U. S. Attys., Augusta, Ga., for appellants.

Peter E. Rindskopf, Howard Moore, Jr., Atlanta, Ga., John H. Ruffin, Jr., Augusta, Ga., for appellee.

Before TUTTLE, WISDOM and INGRAHAM, Circuit Judges.


TUTTLE, Circuit Judge:

Appellee, James Plotner, was granted a writ of habeas corpus releasing him from service in the U. S. Army. Appellants argue he was not entitled to the deferment he sought and, therefore, had been legally inducted. We disagree and affirm, in part, the judgment of the trial court, but remand for the resolution of a factual issue.

Plotner graduated from Bridgewater State College in June of 1967. He completed his undergraduate work under...

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