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BLATT v. LOCAL BD. NO. 116 FREDERICKSBURG CITY SEL. SERV. SYS.

No. 15122.

443 F.2d 304 (1971)

Elliott Laurence BLATT, Appellee, v. LOCAL BOARD NO. 116 FREDERICKSBURG CITY SELECTIVE SERVICE SYSTEM, and United States of America, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1971.

Attorney(s) appearing for the Case

Robert E. Kopp, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., and Morton Hollander and Reed Johnston, Jr., Attys., Dept. of Justice, and Brian P. Gettings, U. S. Atty., on brief), for appellants.

Emanuel Emroch, Richmond, Va. (Emroch & Kauffman, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and RUSSELL, Circuit Judges.

CRAVEN, Circuit Judge.

This is an appeal by the government from an injunction issued by the district court restraining Elliott Blatt's induction into the armed forces. The district judge acted on the belief that Blatt was denied procedural due process in consideration of his claim to be medically disqualified for military service. We think Blatt's case does not fall within the narrow exceptions to the bar of preinduction judicial review1

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