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DRAKE v. SELECTIVE SERV. BD. NO. 50, HENNEPIN CO., MINN.

No. 20477.

443 F.2d 101 (1971)

Bruce DRAKE, Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 50, HENNEPIN COUNTY, MINNESOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

May 10, 1971.

Attorney(s) appearing for the Case

Chester A. Bruvold, Larry B. Leventhal, Minneapolis, Minn., for appellant.

William D. Appler, Atty., Department of Justice, L. Patrick Gray, III, Asst. Atty. Gen., Robert G. Renner, U. S. Atty., Morton Hollander, Donald L. Horowitz, Attys., Department of Justice, Washington, D. C., for appellee.

Before VOGEL and ROSS, Circuit Judges, and STEPHENSON, Chief District Judge.

VOGEL, Circuit Judge.

This is a civil action in which Bruce Drake, appellant, seeks pre-induction review of his request for classification as a conscientious objector. The District Court held that pursuant to § 10(b) (3) of the Selective Service Act of 1967, 50 U.S.C.A. App. § 460(b) (3), it lacked jurisdiction to issue a restraining order preventing appellant's induction into the Army on the basis of an induction...

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