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SPATOLA v. U. S. DEPARTMENT OF DEFENSE

No. 71 Civ. 5099.

352 F.Supp. 778 (1972)

Salvatore SPATOLA, Plaintiff, v. U. S. DEPARTMENT OF DEFENSE and U. S. Selective Service System, Defendants.

United States District Court, S. D. New York.

July 13, 1972.

Attorney(s) appearing for the Case

Elmer Fried, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., New York City (Joseph P. Marro, Asst. U. S. Atty., New York City, of counsel), for defendants.

MEMORANDUM

TENNEY, District Judge.

This is a rather unusual action whereby the plaintiff, Salvatore Spatola, is seeking an order from the Court directing the "Defense Department" and the Selective Service System to either immediately induct him into the armed forces or in the alternative to order defendants to permit him to retake the mental examination and if he passes to induct him and to order the Selective Service System to reclassify him 1-A. While...

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