In an accompanying brief, they stated that the doctors at the Armed Forces Entrance and Examining Station considered Burke fit for military service and therefore certified him as acceptable. In a decision and order reported at 371 F. Supp. 349 (E.D.Wis. 1974), the district court granted the respondents' motion to dismiss, vacated the prior restraining order and remanded Burke to the custody of the respondents pursuant to his induction order. However, the court granted an injunction which prevented the Army from exercising control over Burke pending a determination of this appeal.