OPINION
GORBEY, District Judge.
Plaintiffs in this action are attacking the constitutionality of the Military Selective Service Act (50 U.S.C. App. § 460 et seq.). Plaintiffs filed a five count complaint which was dismissed on April 27, 1972. On June 5, 1973, the Court of Appeals reversed that decision as to count III only, and affirmed it as to all other counts. Defendants then filed a motion to dismiss...
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