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MORRISANIA COMMUNITY CORP. v. TARR

No. 71 Civ. 2569.

329 F.Supp. 1261 (1971)

MORRISANIA COMMUNITY CORP. et al., Plaintiffs, v. Curtis W. TARR, National Director of the Selective Service System et al., Defendants.

United States District Court, S. D. New York.

August 9, 1971.

Attorney(s) appearing for the Case

Levy, Gutman, Goldberg & Kaplan, New York City, for plaintiffs; Jeremiah S. Gutman, Donald L. Doernberg, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendants; Stanley H. Wallenstein, Asst. U. S. Atty., of counsel.

OPINION

FRANKEL, District Judge.

The chief and least bearable costs of war are paid in human lives. The young doctors who bring this suit, together with the communities they serve, present one aspect of that reckoning. It is claimed that plaintiff physicians and their "class," unquestionably subject to statutory draft obligations, must be deferred because of assertedly gross flaws in the standards and procedures for allocating scarce medical personnel in...

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