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MARTIRE v. SELECTIVE SERVICE LOCAL BOARD NO. 15

No. 932, Docket 35630.

467 F.2d 893 (1972)

Frank MARTIRE, Jr., Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 15, Bridgeport, Connecticut and Brig. Gen. Ernest E. Novey, Individually and as Director of the Selective Service System for Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 27, 1972.

Attorney(s) appearing for the Case

Richard L. Albrecht, Bridgeport, Conn., for plaintiff-appellant.

Harlington Wood, Jr., Asst. Atty. Gen., Stewart H. Jones, U. S. Atty., D. Conn., Morton Hollander and William D. Appler, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before FRIENDLY, Chief Judge, and FEINBERG and MANSFIELD, Circuit Judges.

PER CURIAM:

Plaintiff Frank Martire, Jr., a Selective Service registrant, seeks to enjoin his induction into the Armed Forces on the ground that his local board failed to provide an interview with an official "medical advisor" regarding his alleged hernia. Such an interview was required by 32 C.F.R. § 1628.2(b), since repealed, if a registrant classified I-A, I-A-O, or I-O claimed to suffer from specified "disqualifying medical conditions or physical defects...

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