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GEE v. SMITH

Nos. 29038, 31005.

479 F.2d 642 (1973)

William Fletcher GEE, for himself and all others similarly situated and Mrs. Louise Gee, Plaintiffs-Appellants, v. Colonel James M. SMITH, as Commanding Officer, Armed Forces Induction and Physical Examination Station, et al., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. William Fletcher GEE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearings and Rehearings Denied July 30, 1973.

Attorney(s) appearing for the Case

Howard Moore, Jr., John R. Myer, Atlanta, Ga., for appellants.

John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Stanley M. Baum, Asst. U. S. Attys., Atlanta, Ga., for the United States.

John W. Stokes, Jr., U. S. Atty., Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., Morton Hollander, Chief, Appellate Section, Ralph A. Fine, Robert E. Kopp, William D. Appler, Attys., U. S. Dept. of Justice, Washington, D. C., for Col. James M. Smith and others.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

Rehearings and Rehearings En Banc Denied July 30, 1973.

BELL, Circuit Judge:

The appeal in No. 31005 is from the conviction of appellant under the Military Selective Service Act of 1967, 50 U.S.C.A. Appendix, for failing to report for induction.

Appellant's first induction date was July 24, 1969, but as will be seen he received two postponements. Upon being denied a further postponement, he filed a civil suit to enjoin his induction on the grounds...

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