Smith v. Tarr

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. He was born on February 8, 1950. Under the random selection procedure, 32 C.F.R. § 1631.5 (d), all registrants born on that date were assigned…