RICH v. HERSHEY

No. 134-69.

408 F.2d 944 (1969)

Joel D. RICH, Plaintiff-Appellant, v. Lewis B. HERSHEY, Director of Selective Service; Herbert Hope, State Director, Oklahoma Local Board #76 (Tulsa, Oklahoma) Selective Service System; Local Board #3 (Denver, Colorado) Selective Service System; Howard Cowan, Chairman, Robert Copeland, George D. Te Riche, Ruth Peterson and Jewell R. Mann, Members of Local Board #76, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

April 1, 1969.


Attorney(s) appearing for the Case

Milnor H. Senior, Denver, Colo., for plaintiff-appellant.

Lawrence M. Henry, U. S. Atty., for Dist. of Colorado, for defendants-appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HICKEY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The question is whether appellant-plaintiff Rich has an absolute statutory right to a I-S classification under § 6 (i) (2) of the Military Selective Service Act of 1967, 50 U.S.C.App. § 456(i) (2). He says that he does and is entitled to both an injunction against induction into the armed services and a writ of mandamus directing the Selective Service to give him such a classification. The district court heard the matter on an...

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