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LEVINE v. SELECTIVE SERVICE LOC. BD. NO. 18, STAMFORD, CONN.

No. 323, Docket 71-1885.

458 F.2d 1281 (1972)

Bryan I. LEVINE, Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 18, STAMFORD, CONNECTICUT and Frederick Palomba, Individually and as Director of the Selective Service for Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 14, 1972.

Attorney(s) appearing for the Case

Emanuel Margolis, Stamford, Conn., for plaintiff-appellant.

Peter A. Clark, Asst. U. S. Atty., New Haven, Conn. (Stewart H. Jones, U. S. Atty., D. Conn., New Haven, Conn.), for defendants-appellees.

Before FRIENDLY, Chief Judge, and MOORE and OAKES, Circuit Judges.

MOORE, Circuit Judge.

Bryan I. Levine appeals from an order of the District Court of Connecticut granting the government's motion to dismiss his complaint for declaratory and injunctive relief, a writ of mandamus, and damages against his draft board and the state director of selective service.1 The court below dismissed Levine's complaint on the basis of section 10(b) (3) of the Military...

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