CLAY v. UNITED STATES

No. 24991.

397 F.2d 901 (1968)

Cassius Marsellus CLAY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1968.


Attorney(s) appearing for the Case

Chauncey Eskridge, George Pontikes, Chicago, Ill., Howard Moore, Jr., Charles Morgan, Jr., Atlanta, Ga., Marvin Karpatkin, Melvin L. Wulf, Eleanor H. Norton, New York City, for appellant.

Morton Susman, U. S. Atty., James R. Gough, Carl Walker, Asst. U. S. Attys., Houston, Tex., Albert T. Ghiorzi, Attorney, U. S. Dept. of Justice, for appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.


Rehearing En Banc Denied June 6, 1968.

AINSWORTH, Circuit Judge:

"It may not be doubted that the very conception of a just government and its duty to the citizen includes the reciprocal obligation of the citizen to render military service in case of need and the right to compel it." Chief Justice Edward Douglass White, Selective Draft Law Cases, 245 U.S. 366, 378, 38 S.Ct. 159, 161, 62 L.Ed. 349 (1918).

Cassius Marsellus...

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