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McCARTHY v. DIRECTOR OF SELECTIVE SERVICE SYSTEM

No. 70-C-592.

322 F.Supp. 1032 (1970)

Patrick McCARTHY, Plaintiff, v. DIRECTOR OF SELECTIVE SERVICE SYSTEM et al., Defendants.

United States District Court, E. D. Wisconsin.

December 31, 1970.

Attorney(s) appearing for the Case

Hayes, Peck, Perry & Gerlach by Curry First, Milwaukee, Wis., for plaintiff.

David J. Cannon, U. S. Atty. by Richard E. Reilly, Asst. U. S. Atty., Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Two motions brought by the plaintiff are now before the court. The plaintiff has moved for a preliminary injunction and also for summary judgment. The parties agree that the same basic considerations will govern the court's resolution of both motions.

The plaintiff contends that the selective service system improperly denied him a III-A fatherhood exemption. Mr. McCarthy also urges that his board...

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