Plaintiff Merced Rosa, having failed to report for induction, was indicted under the Selective Service Act, 50 U.S.C.App. §§ 454, 462(a). Following two years of preliminary matters, two days before the date assigned for trial he filed the present suit seeking the appointment of a three-judge district court under 28 U.S.C. § 2282 to obtain a declaratory judgment and to enjoin his prosecution, alleging various infringements of his constitutional rights. The district judge with, possibly, oversolicitude, requested the chief judge to convene a three-judge court and one was accordingly, constituted. After a hearing, the three-judge court dismissed the complaint for want of equity, without reaching the constitutional issues, and the single district judge did likewise, adopting the opinion of the three-judge court as his own.
