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LERNER v. HERSHEY

Civ. A. No. 13042.

312 F.Supp. 99 (1970)

Robert Neil LERNER v. Lewis B. HERSHEY, Director of Selective Service; Mike Y. Hendrix, Georgia State Director of Selective Service; Local Board No. 61, Atlanta, Georgia; Arthur J. McIntyre, J. W. LeBlanc, A. M. Weatherly, William V. Pentecost and J. D. Matthews, as members of Local Board No. 61; Colonel John Brokaw, New York State Director of Selective Service; Local Board No. 5, Hempstead, New York; and A. Lenp, H. Heidtman, A. Beermon, C. Strahs and G. Noon, as members of Local Board No. 5, Hempstead, New York.

United States District Court, N. D. Georgia, Atlanta Division.

January 14, 1970.

Attorney(s) appearing for the Case

Howard Moore, Jr., and Peter E. Rindskopf, Atlanta, Ga., for petitioner.

Charles L. Goodson, U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for respondents.

ORDER

ALBERT J. HENDERSON, Jr., District Judge.

Presently at issue is the question whether a selective service registrant is entitled to pre-induction judicial review as a result of the failure of his draft board to grant him a I-S deferment, under § 6(i) (2) of the Military Selective Service Act of 1967, 50 U.S.C. A. App. § 456(i) (2) (1968). If so, is registrant then entitled to the 30-day period following the I-S period, during which he may...

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