ROWLAND v. TARR

Civ. A. No. 71-1480.

378 F.Supp. 766 (1974)

Andrew ROWLAND, a minor by his guardian Lewis Rowland, et al. v. Curtis TARR, National Director of Selective Service, et al.

United States District Court, E. D. Pennsylvania.

July 1, 1974.


Attorney(s) appearing for the Case

Harold E. Kohn, Donald L. Weinberg, Philadelphia, Pa., for plaintiffs.

Robert E. J. Curran, U. S. Atty., Thomas E. Mellon, Jr., Asst. U. S. Atty., Philadelphia, Pa., for defendants.

Before ROSENN, Circuit Judge, LORD, Chief District Judge, and GORBEY, District Judge.


OPINION

GORBEY, District Judge.

Plaintiffs in this action are attacking the constitutionality of the Military Selective Service Act (50 U.S.C. App. § 460 et seq.). Plaintiffs filed a five count complaint which was dismissed on April 27, 1972. On June 5, 1973, the Court of Appeals reversed that decision as to count III only, and affirmed it as to all other counts. Defendants then filed a motion to dismiss...

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