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MORGAN v. MELCHAR

No. 18697.

467 F.2d 133 (1972)

Russell M. MORGAN, Appellant, v. Bert MELCHAR et al.

United States Court of Appeals, Third Circuit.

September 12, 1972.

Attorney(s) appearing for the Case

Joseph Barry, Stavis, Richardson, Koenigsberg & Rossmoore, Newark, N. J., for appellant.

Morton Hollander, Reed Johnston, Jr., Appellate Section, Civil Div., U. S. Dept. of Justice, Washington, D. C., for appellees.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is presently before this court by virtue of an order of the Supreme Court, vacating our earlier opinion, Morgan v. Melchar, 442 F.2d 1082 (3d Cir. 1971), and remanding "for further consideration in light of Fein v. Selective Service System Local Board No. 7, Yonkers, N. Y., et al., 405 U.S. 365, 92 S.Ct. 1062, 31 L.Ed.2d 298 (1972),...

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