Randall J. Dennison, Plaintiff and Appellant, v. Melvin Laird, Secretary of Defense, et al., Appellees, 438 F.2d 533 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 438 F.2d 533 (9th Cir. 1971) March 12, 1971

Appeal from the United States District Court for the Eastern District of Washington, Northern Division; Charles L. Powell, Judge.

Croil Anderson (argued) and Michael H. Rosen, of Schroeter, Jackson, Goldmark & Bender, Seattle, Wash., for appellant.

Dean C. Smith, U. S. Atty. (argued), Smithmoore P. Myers, Sp. Asst. U. S. Atty., Spokane, Wash., for appellee.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.

PER CURIAM:


The final order of the district court dismissing Dennison's petition is affirmed.

We regard all of the unnecessary proceeding of Dennison through the local draft board as surplusage.

We hold Johnson v. Laird, 9 Cir., 435 F.2d 493, applicable and dispositive of this case.

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