BOWEN v. HERSHEY

No. 304.

410 F.2d 962 (1969)

Arthur L. BOWEN, Applicant, v. Lewis B. HERSHEY et al., Applicees.

United States Court of Appeals First Circuit.

March 26, 1969.


Attorney(s) appearing for the Case

John G. S. Flym, Boston, Mass., for applicant upon application and memorandum in support thereof.

Paul F. Markham, U. S. Atty., and Stanislaw R. J. Suchecki, Asst. U. S. Atty., for applicees upon memorandum in opposition to application.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

This case, if it be thought that defendants are right in their belief as to what Congress intended, is another demonstration of the wisdom of the Biblical warning against putting new wine into old bottles, here the insertion of new concepts into an old statute. The specific question is whether a memorandum propounded under the Military Selective Service Act of 1967, 50 App. U.S.C. § 451 et seq., hereafter the 1967 Act, denying certain students...

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