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Oestereich v. Selective Service System Local Board No. 11

United States Court of Appeals, Tenth Circuit
Feb 21, 1968
390 F.2d 100 (10th Cir. 1968)

Opinion

No. 9902.

February 21, 1968.

Melvin L. Wulf, New York City (John Griffiths, New Haven, Conn., Lawrence R. Velvel, Lawrence, Kan., John A. King, Laramie, Wyo., and William Reynard, Denver, Colo., were with him on the brief), for appellant.

Robert V. Zener, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert N. Chaffin, U.S. Atty., and Morton Hollander, Atty., Dept. of Justice, were with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


The judgment is affirmed for the reasons set forth in the memorandum decision of the trial court and particularly in view of the jurisdictional restrictions contained in 50 App. U.S.C. § 460 (b)(3). Orderly classification of a registrant for military service is not punitive in nature. Compare United States v. Capson, 10 Cir., 347 F.2d 959. Appellant is not denied his right to ultimate judicial review of his claimed rights. Witmer v. United States, 348 U.S. 375, 377, 75 S.Ct. 392, 99 L.Ed. 428.


Summaries of

Oestereich v. Selective Service System Local Board No. 11

United States Court of Appeals, Tenth Circuit
Feb 21, 1968
390 F.2d 100 (10th Cir. 1968)
Case details for

Oestereich v. Selective Service System Local Board No. 11

Case Details

Full title:James J. OESTEREICH, Appellant, v. SELECTIVE SERVICE SYSTEM LOCAL BOARD…

Court:United States Court of Appeals, Tenth Circuit

Date published: Feb 21, 1968

Citations

390 F.2d 100 (10th Cir. 1968)

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