HOREY v. TARR

No. 41, Docket 72-1030.

470 F.2d 775 (1972)

Michael C. HOREY, Plaintiff-Appellant, v. Dr. Curtis TARR, National Director of Selective Service, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 15, 1972.


Attorney(s) appearing for the Case

Stephen J. Perrello, Jr., Niagara Frontier Chapter New York Civil Liberties Union, Buffalo, N. Y., for plaintiff-appellant.

Philip B. Abramowitz, Asst. U. S. Atty., W.D.N.Y. (John T. Elfvin, U. S. Atty., W.D.N.Y., on the brief), for defendants-appellees.

Before FRIENDLY, Chief Judge, and MEDINA and ANDERSON, Circuit Judges.


ROBERT P. ANDERSON, Circuit Judge:

In June of 1969 Michael Horey, a resident of Cheektowaga, New York, a suburb of Buffalo, was classified I-O (conscientious objector available for alternate service) by his local draft board, which, on April 23, 1970, assigned him to perform civilian work for the Salvation Army in Rochester, New York, 60 miles from Buffalo. Four months later, after his discharge from the job with the Salvation Army, Horey returned to Buffalo and notified...

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