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SMITH v. TARR

No. 1028, Docket 71-1421.

444 F.2d 251 (1971)

Francis J. SMITH, Jr., Appellant, v. Dr. Curtis W. TARR, National Director of the Selective Service of the United States; Col. J. W. Brokaw, New York State Director of Selective Service of the United States; Louis Bistrong, Chairman; Edward Yamin, Vice-Chairman; and Harvey Soicher, Vice-Chairman and other members of Selective Service Local Board No. 4, Freeport, New York, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Robert Levy, Freeport, N. Y., of counsel (Levy & Rubinstein and Bernard P. Levy, Freeport, N. Y., on the brief), for appellant.

Mary P. Maguire, Asst. U. S. Atty., E. D. N. Y. (Edward R. Neaher, U. S. Atty., and David G. Trager, Asst. U. S. Atty., on the brief), for appellees.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

PER CURIAM:

Francis J. Smith, Jr. appeals from an order denying his motion for a preliminary injunction restraining defendants, the national and state directors of the Selective Service System and the members of Local Board No. 4, Freeport, New York, from inducting him into the armed services. His induction has been stayed pending this expedited appeal. We affirm the order below and vacate the stay.

The facts on which Smith's claim is based are uncomplicated...

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