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BIRCH v. LOCAL SELECTIVE SERVICE BOARD NO. 63

Civ. A. No. 56-70.

315 F.Supp. 1043 (1970)

Thaddeus A. BIRCH, Sr., Thaddeus A. Birch, Jr. v. LOCAL SELECTIVE SERVICE BOARD NO. 63, the Selective Service System.

United States District Court, W. D. Pennsylvania, Erie Division.

September 9, 1970.

Attorney(s) appearing for the Case

William H. Burke, Erie, Pa., for plaintiffs.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., Bernhard Schaffler, Asst. U. S. Atty., for defendant.

OPINION

WEBER, District Judge.

This is an action to restrain the Selective Service Board in ordering plaintiff (Thaddeus A. Birch, Jr.) to report for induction. The Government has moved to dismiss for lack of jurisdiction under Section 10(b) (3) of the Military Selective Service Act of 1967 [50 U.S.C.App. Sec. 460(b) (3)] which prohibits judicial review of the proceedings of selective service boards except as a defense to criminal prosecution for failure...

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