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NASKIEWICZ v. LAWVER

No. 566, Docket 71-2194.

456 F.2d 1166 (1972)

John L. NASKIEWICZ, Jr., Plaintiff-Appellant, v. Howard LAWVER, Chairman, and Selective Service Local Board No. 61, Cayuga County, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 18, 1972.

Attorney(s) appearing for the Case

Louis P. Contiguglia, Auburn, N.Y. (George J. Shamon, Auburn, N.Y., on the brief), for plaintiff-appellant.

Eugene Welch, Asst. U.S. Atty., N.D.N.Y. (James M. Sullivan, Jr., U.S. Atty., N.D.N.Y., on the brief), for defendants-appellees.

Before ANDERSON and OAKES, Circuit Judges, and CLARIE, District Judge.

ROBERT P. ANDERSON, Circuit Judge:

John Naskiewicz, a registrant of Local Board No. 61, Cayuga County, New York, was ordered to appear at the Syracuse Armed Forces Entrance Examining Station (AFEES) on January 25, 1971, for a preinduction physical examination. He appeared and presented documentation from two private ophthalmologists in support of his claim that he was suffering from an eye condition which rendered him unacceptable for military service. After the induction...

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