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ELEEY v. VOLATILE

No. 71-1355.

478 F.2d 333 (1973)

Michael F. ELEEY, Appellant, v. Thomas M. VOLATILE, Commanding Officer, and Secretary of Defense, Appellees.

United States Court of Appeals, Third Circuit.

Submitted for Reconsideration January 3, 1973.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Sanford Kahn, Philadelphia, Pa., for appellant.

Barry W. Kerchner, Asst. U. S. Atty., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and BIGGS, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN and HUNTER, Circuit Judges.

Submitted for Reconsideration En Banc January 3, 1973.

Submitted Dec. 16, 1971.

Before BIGGS, VAN DUSEN and HUNTER, Circuit Judges.

Submitted for Reconsideration En Banc Jan. 3, 1973.

Before SEITZ, Chief Judge, and BIGGS, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Appellant submitted to induction into the armed forces on November 25, 1970. He then filed...

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