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GREGORY v. TARR

No. 20497.

436 F.2d 513 (1971)

Stephen L. GREGORY, James E. Hovis, John B. Sharpless II, Richard J. Silverman, Plaintiffs-Appellees, v. Curtis W. TARR, National Director of Selective Service, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

January 26, 1971.

Attorney(s) appearing for the Case

Reed Johnston, Jr., Atty., Dept. of Justice, Washington, D. C., for defendants-appellants; William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., James H. Brickley, U. S. Atty., Detroit, Mich., on brief.

Charles Donahue, Jr., Ann Arbor, Mich., for plaintiffs-appellees; James Lafferty, Marc Stickgold, Lafferty, Reosti, Jabara, Papakhian, James, Stickgold & Smith, Detroit, Mich., on brief.

Before WEICK, McCREE, and BROOKS, Circuit Judges.

WEICK, Circuit Judge.

Plaintiffs filed a class action in the District Court challenging the application and validity of a Selective Service Regulation defining eligibility of draft registrants for what is known as a "fatherhood deferment" under deferment classification III-A.1 The plaintiffs are draft registrants who have been re-classified I-A (available for military service) and ordered to report...

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