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CROSBY v. SELECTIVE SERV. SYS.

July 17, 1970

Judd F. CROSBY, Plaintiff,
v.
SELECTIVE SERVICE SYSTEM, LOCAL BOARD NO. 3, McKEESPORT, PENNSYLVANIA, Defendant


Gourley, District Judge.


The opinion of the court was delivered by: GOURLEY

In this civil action, a registrant of Local Board No. 3, McKeesport, Pennsylvania, seeks to enjoin his induction into the Armed Forces of the United States, relief in the nature of mandamus and other declaratory relief. Jurisdiction is predicated upon 28 U.S.C. § 1331, 28 U.S.C. § 1361, 28 U.S.C. § 2201 and 28 U.S.C. § 2202.

 Plaintiff was ordered by defendant to report for induction on July 7, 1970. On July 6, 1970, the Complaint was filed, including therein a request for a temporary restraining order. Following a hearing on July 7, 1970, the Court entered an Order restraining induction, and a second Order was entered July 9, 1970 continuing the restraint until adjudication of plaintiff's Motion for Preliminary Injunction. Pursuant to Court directive, the parties have filed a Stipulation of Facts and attached thereto registrant's Selective Service File. A complete hearing upon the Motion for Preliminary Injunction was conducted on July 14, 1970. On the basis of the stipulated facts, the evidence educed at the hearing and the law, the Court concludes that the Motion for Preliminary Injunction must be denied for the reason that plaintiff has failed to demonstrate any likelihood of prevailing upon the merits upon his request for final relief.

 In support of the decision, the Court hereby submits the following Findings of Fact and Conclusions of Law:

 FINDINGS OF FACT

 1. Plaintiff is a registrant of Local Board No. 3, McKeesport, Pennsylvania. Plaintiff had a 2-S Student Deferments during the period of time he attended Case Western Reserve University, located in Ohio, from November 18, 1965 until June of 1969.

 2. On September 4, 1969, Local Board No. 3 received a Graduate of Professional College Student Certificate (SSS Form 103) from the University of Pittsburgh informing the Local Board that the plaintiff would be in attendance as a first year student at the University of Pittsburgh School of Law from September 1969 to June 1970.

 4. On Friday, September 19, 1969, on the first page of the Pittsburgh Press newspaper, there was an article (UPI) as follows:

 
"President Nixon today cancelled draft calls for November and December totaling 50,000.
 
Mr. Laird said that 29,000 men originally scheduled for induction next month will be taken into uniform instead at the rate of 10,000 in October, 10,000 in November, and 9,000 in December.
 
While eliminating draft calls for November and December, neither Mr. Nixon nor Mr. Laird specified what will happen to January's call."

 5. The time during which plaintiff could have filed a request for a Personal Appearance before his Local Board ...


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