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CROWLEY v. PIERCE

No. 71-2714.

461 F.2d 614 (1972)

Robert J. CROWLEY, Petitioner-Appellee, v. Peter P. PIERCE, Jr., as State Director of Selective Service, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1972.

Attorney(s) appearing for the Case

Harvey E. Schlesinger, Asst. U. S. Atty., Jacksonville, Morton Hollander, William D. Appler, Department of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., John L. Briggs, U. S. Atty., for respondent-appellant.

William H. Maness, Jacksonville, Fla., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, GOLDBERG and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The issue on this appeal is whether Section 10(b) (3) of the Military Service Act of 1967, 50 U.S.C. App. § 451 et seq., prohibits judicial consideration prior to induction of appellee's claim that his local draft board erroneously assigned him to the First Priority Selection Group for I-A draft registrants. The district court reached the merits of appellee's claim and enjoined his induction into the Military Service by holding...

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