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FEIN v. SELECTIVE SERVICE SYSTEM

No. 70-58.

405 U.S. 365 (1972)

FEIN v. SELECTIVE SERVICE SYSTEM LOCAL BOARD NO. 7 OF YONKERS, NEW YORK, ET AL.

Supreme Court of United States.

Decided March 21, 1972.

Attorney(s) appearing for the Case

Michael B. Standard argued the cause for petitioner. With him on the briefs was David Rosenberg.

Solicitor General Griswold argued the cause for respondents. With him on the brief were Assistant Attorney General Gray, Morton Hollander, and Robert E. Kopp.

Melvin L. Wulf filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

Petitioner Oliver T. Fein is a doctor of medicine. In February 1969 he filed this pre-induction suit in the United States District Court for the Southern District of New York. Jurisdiction was asserted under the federal-question statute, 28 U. S. C. § 1331, under the civil rights statute, 28 U. S. C. § 1343, and under the federal-officer statute, 28 U. S. C. § 1361. Fein challenged, on

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