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Robert L. BURNETT, Jr., Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

PER CURIAM:

Burnett appeals from the District Court's denial of his motion for a permanent injunction to prevent his induction into the armed forces. To justify pre-induction judicial review, Burnett claims that his local Selective Service Board had no basis in fact for refusing to classify him IV-F or I-Y for medical reasons. Without evaluating the merits of Burnett's claim, we conclude that the District Court had no jurisdiction to entertain his demand for pre-induction judicial review. 50 U.S.C.A. App. § 460(b)(3); accord, Clark v. Gabriel, 1968, 393 U.S. 256, 258-259, 89 S.Ct. 424, 21 L.Ed.2d 418; Edwards v. Selective Service Local Bd. No. 111, 5 Cir. 1970, 432 F.2d 287. Consequently this Court has no jurisdiction to consider an appeal.

Appeal dismissed.

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BURNETT v. UNITED STATES
(Nov 23, 1970)