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EVANS v. LOCAL BD. NO. 73, SHERMAN, ETC., COS., GOODLAND, KAN.

No. 66-70.

425 F.2d 323 (1970)

Robert K. EVANS, Plaintiff-Appellant, v. LOCAL BOARD NO. 73, SHERMAN, CHEYENNE, WALLACE COUNTIES, GOODLAND, KANSAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 21, 1970.

Attorney(s) appearing for the Case

Leonard D. Munker, Wichita, Kan., for appellant.

Richard Oxandale, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., Wichita, Kan., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

This appeal springs from appellant's attempt to avoid induction into military service. It is a pre-induction suit by Evans, seeking to gain judicial review of his draft classification. The district court ruled that 50 U.S.C.A. App. § 460(b) (3) precluded its review of this case in the absence of unusual Oestereich facts.1 Finding no unique circumstances, the court dismissed for want of jurisdiction. Evans now...

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