NATIONAL STUDENT ASSOCIATION v. HERSHEY

No. 21903.

412 F.2d 1103 (1969)

NATIONAL STUDENT ASSOCIATION, Inc., et al., Appellants, v. Lewis B. HERSHEY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 6, 1969.


Attorney(s) appearing for the Case

Miss Harriet Van Tassel, Newark, N. J., with whom Messrs. Lawrence Speiser, Washington, D. C., and William M. Kunstler, New York City, were on the brief, for appellants.

Mr. Irwin Goldbloom, Attorney, Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., at the time the record was filed, Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and Morton Hollander, Attorney, Department of Justice, were on the brief, for appellee.

Mr. Oliver Ellis Stone, Washington, D. C., filed a brief on behalf of American Friends Service Committee, Inc., as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, McGOWAN and ROBINSON, Circuit Judges.


BAZELON, Chief Judge:

This suit challenges (1) the celebrated "Hershey directive" of October, 1967,1 which threatened war protesters with loss of their draft deferments and in some cases with immediate induction into the armed forces as delinquents, and (2) the delinquency regulations2 promulgated under the Military Selective Service Act of 1967.3 The plaintiffs are fifteen college...

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