CORBO v. SELECTIVE SERV. SYS., LOCAL BD. #15 FOR NEW JERSEY

No. 19278.

450 F.2d 42 (1971)

Michael CORBO, Jr., Appellant, v. SELECTIVE SERVICE SYSTEM, LOCAL BOARD #15 FOR NEW JERSEY.

United States Court of Appeals, Third Circuit.

Decided October 14, 1971.

As Amended November 4, 1971.


Attorney(s) appearing for the Case

Arnold C. Friedman, Irvington, N. J., for appellant.

William D. Appler, Dept. of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., Frederick B. Lacey, U. S. Atty., Morton Hollander, Reed Johnston, Jr., Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before STALEY, ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

The issue here is whether on the facts presented, and consistent with Section 10(b) (3) of the Selective Service Act of 1967, 50 U.S.C. App. § 460(b) (3) (Supp. VI, 1970), the District Court erred when it dismissed the complaint filed by the appellant, Michael Corbo, Jr. We hold that it did not and, therefore, affirm the judgment.

In March, 1968, Corbo was classified II-A because of his status as an elementary...

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