KRAUS v. SELECTIVE SERVICE SYSTEM LOCAL 25

No. 12786.

408 F.2d 622 (1969)

Michael J. KRAUS, Appellant, v. SELECTIVE SERVICE SYSTEM LOCAL 25 (Board Members: Joseph Hirshfield, Hurley Cox, and Jerome Dashner); Colonel James L. Hays, as Director Selective Service, State of Maryland; and Lt. General Lewis B. Hershey, as National Director of Selective Service, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 13, 1969.


Attorney(s) appearing for the Case

Joseph J. Wase, Baltimore, Md. (Robert Eugene Smith, Towson, Md., on brief), for appellant.

Alan I. Baron, Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

This appeal concerns the effect of § 10(b) (3) of the Military Service Act of 1967 on Michael J. Kraus' action to enjoin his impending induction into the armed forces. The Act [50 U.S.C. App. § 460(b) (3) (1968)] provides in part:1

"No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or...

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