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McFADDEN v. SELECTIVE SERVICE SYSTEM, LOCAL BOARD 40

No. 23591.

423 F.2d 1291 (1970)

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

United States Court of Appeals, Ninth Circuit.

February 12, 1970.

Attorney(s) appearing for the Case

Richard Harrington (argued), San Francisco, Cal., for plaintiffs-appellants.

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

Ephraim Margolin, San Francisco, Cal., Duane, Morris & Hecksher, Philadephia, Pa., Johnston, Platt, Klein & Horton, Oakland, Cal., amicus curiae.

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

PER CURIAM.

It is the court's view that McFadden, a registrant, is not entitled to a three-judge district court trial run on his constitutional views as to his draft classification. This is based on our reading of Estep v. United States, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567; Oestereich v. Selective Service Board, 393 U.S. 233, 89 S.Ct. 414, 21 L.Ed.2d 402; and Clark v. Gabriel, 393...

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