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McLAIN v. SELECTIVE SERVICE LOCAL BOARD NO. 47

No. 20217.

439 F.2d 737 (1971)

Francis L. McLAIN, Plaintiff-Appellee, v. SELECTIVE SERVICE LOCAL BOARD NO. 47, etc., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

March 30, 1971.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Harold O. Bullis, U. S. Atty., Morton Hollander, Reed Johnston, Jr., Attys., Dept. of Justice, Washington, D. C., for defendant-appellant.

Joseph Goldberg, Grand Forks, N. D., David E. Knutson, Wattam, Vogel, Vogel & Peterson, Fargo, N. D., for plaintiff-appellee.

Before VAN OOSTERHOUT and GIBSON, Circuit Judges and NEVILLE, District Judge.

NEVILLE, District Judge.

As of June 23, 1969, plaintiff Francis LeRoy McLain, a selective service registrant, had been denied conscientious objector classification by his local Selective Service Board and finally by action of the Presidential Appeal Board. Thereafter on August 20, 1969 his local draft board mailed him an Order to Report for Induction. Three days prior to the reporting date of September 8, 1969, he was granted a postponement to permit him to pursue...

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