FRAMPTON v. DAVIS

No. 71-2394.

464 F.2d 315 (1972)

Jerry L. FRAMPTON, Plaintiff-Appellant, v. Leo W. DAVIS, Lt. Colonel Acting State Director for Louisiana Selective Service System and Local Board No. 29 Jefferson Parish, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 1972.


Attorney(s) appearing for the Case

Benjamin E. Smith, Smith & Scheuermann, New Orleans, La., for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Claude J. Aucoin, Jr., Asst. U. S. Attys., New Orleans, La., for defendants-appellees.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this rather unusual suit Jerry L. Frampton, a classified conscientious objector, has challenged the right of his Draft Board to exclude from the list of available alternate service jobs the job he presently holds.

Under the Selective Service Act, a person who is exempt from military service as a conscientious objector may be ordered by his local draft board to perform civilian work "contributing to the maintenance of the national health...

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