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ALEXANDER v. TRUSTEES OF BOSTON UNIVERSITY

Nos. 84-1712, 84-1713.

766 F.2d 630 (1985)

Michael ALEXANDER, et al., Plaintiffs, Appellants, v. TRUSTEES OF BOSTON UNIVERSITY, et al., Defendants, Appellees. Michael ALEXANDER, Plaintiff, Appellee, v. TRUSTEES OF BOSTON UNIVERSITY, et al., Defendants, Appellees. Selective Service System, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 25, 1985.

Attorney(s) appearing for the Case

William G. Southard, Boston, Mass., with whom E. Susan Garsh, James B. Re, Bingham, Dana & Gould, John Reinstein and Marjorie Heins, Massachusetts Civil Liberties Union Foundation, Boston, Mass., were on brief for Michael Alexander.

Robert V. Zener, Washington, D.C., with whom Leonard Schaitman, Richard K. Willard, Acting Asst. Attys. Gen., Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief for Selective Service System.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIGNOUX, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

This case was brought in the district court by three registration-exempt Boston University theological students who were refused federal financial assistance after they declined to answer questions as to their draft registration status on an aid application form that was prescribed by the United States Department of Education ("DOE"). Concluding that Congress had not authorized DOE to condition registration-exempt students' receipt...

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