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BUCHER v. SELECTIVE SERVICE, SYS., LOCAL BOARDS NOS. 2, ETC.

No. 17414.

421 F.2d 24 (1970)

The Reverend Henry Hale BUCHER, Jr., et al., Appellants, v. SELECTIVE SERVICE SYSTEM, LOCAL BOARDS NOS. 2, ETC. and Colonel Joseph Avella, etc.

United States Court of Appeals Third Circuit.

Decided January 2, 1970.

Rehearing Denied February 12, 1970.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, Karpatkin, Ohrenstein & Karpatkin, New York City, (Emerson Darnell, Mount Holly, N. J., Morton Stavis, Dennis J. Roberts, Harriet Van Tassel, Newark, N. J., Robert Layton, Melvin L. Wulf, American Civil Liberties Union, Michael N. Pollet, New York City, on the brief), for appellants.

William D. Ruckelshaus, Asst. Atty. Gen., Dept. of Justice-Civil Division, Washington, D. C. (David M. Satz, Jr., U. S. Atty., Morton Hollander, David J. Anderson, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before KALODNER, VAN DUSEN and STAHL, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

When the appellants, in symbolic protest against the involvement of the United States in the Vietnam War, turned in their draft Registration Notices and/or Notices of Classification to their local draft boards,1 the latter stripped them of their existing exempt or deferred status and reclassified them I-A delinquent, highest order of priority...

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