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McFADDEN v. SELECTIVE SERVICE SYSTEM, LOCAL BOARD 40

No. 23591.

415 F.2d 1140 (1969)

James F. McFADDEN, Leslie Charles Bowen, et al., Plaintiffs-Appellants, v. SELECTIVE SERVICE SYSTEM, LOCAL BOARD 40, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 29, 1969.

Attorney(s) appearing for the Case

Richard Harrington (argued), of Athearn, Chandler & Hoffman, San Francisco, Cal., for appellant.

Breed, Abbott & Morgan, New York City, of counsel, Charles H. Tuttle and Thomas A. Shaw, New York City, for amicus curiae (National Council of the Churches of Christ in the United States); Epharim Margolin, San Francisco, of counsel, Ed Lucas & Bernard Robinson, San Francisco, Cal., for the amicus curiae.

Jerry K. Cimmet (argued), Asst. U.S. Atty., Cecil F. Poole, U.S. Atty., San Francisco, Cal., for appellee.

Duane, Morris & Hecksher, Philadelphia, Pa., Johnston, Platt, Klein & Horton, Oakland, Cal., amicus curiae for appellant.

Before CHAMBERS and KOELSCH, Circuit Judges, and POWELL, District Judge.

OPINION AND ORDER

PER CURIAM:

Bowen is under indictment for refusing induction into the military service under the Selective Service Act and is scheduled to be tried soon in the Northern District of California. McFadden has refused induction and presumptively is awaiting indictment. Bowen and McFadden assert that their Roman Catholic faith requires them to decline military service if their "individual consciences dictate that their country is now engaged...

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