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PORTER v. RICHARDSON

No. 71-2976.

483 F.2d 1338 (1973)

Oscar Dale PORTER, Plaintiff-Appellant, v. Elliot L. RICHARDSON, Attorney General of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 23, 1973.

Attorney(s) appearing for the Case

Larry J. Richmond (argued), Phoenix, Ariz., for plaintiff-appellant.

William D. Appler, Silver Spring, Md. (argued), L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., William C. Smitherman, U. S. Atty., Phoenix, Ariz., Morton Hollander, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before MERRILL, ELY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The issue here is whether the district court was correct in holding that preinduction judicial review of a local Selective Service board's refusal to issue appellant a fatherhood deferment was prohibited by § 10(b) (3) of the Military Selective Service Act of 1967, 50 U.S.C. App. § 460(b) (3).1 If the district court was correct, and § 10(b) (3)...

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