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WATKINS v. RUPERT

No. 347, Docket 23687.

224 F.2d 47 (1955)

Arthur Paul WATKINS and Genesee Lime Products Company, Inc., Plaintiffs-Appellants, v. Phillip RUPERT, Chairman, Local Draft Board No. 76, Selective Service System, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 22, 1955.

Attorney(s) appearing for the Case

Dennis J. Livadas, Rochester, N. Y., for plaintiffs-appellants.

Donald F. Potter, Asst. U. S. Atty. for Western Dist. of New York, Buffalo, N. Y. (John O. Henderson, U. S. Atty., Buffalo, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.

PER CURIAM.

The district court was clearly correct in refusing to give plaintiffs the relief they seek at this time. Judicial intervention in the selective service selection system — in any case drastically limited, 50 U.S.C.Appendix, § 460(b) — must await the exhaustion by the registrant of all administrative remedies. The exact point at which such remedies have been fully utilized may not always be easy to ascertain, but no judicial review has...

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