RHEINGANS v. MITCHELL

No. 24269.

438 F.2d 345 (1971)

Dick RHEINGANS, Plaintiff-Appellant, v. John N. MITCHELL, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 5, 1971.


Attorney(s) appearing for the Case

John E. Thorne (argued), of Thorne, Stanton, Clopton, Herz, Stanek & Steinberg, San Jose, Cal., for appellant.

Brian Denton (argued), Asst. U. S. Atty., James L. Browning, Jr., Jerry K. Cimmet, Asst. U. S. Atty., San Francisco., Cal., for appellees.

Before CHAMBERS, ELY and CARTER, Circuit Judges.


PER CURIAM.

This case raises the question as to whether a Selective Service registrant classified I-O may bring a civil action prior to compliance with an order to report for civilian work in lieu of induction, to compel his Board to reopen and classify him in Class III-A.

Appellant sought declaratory and injunctive relief. He had been classified I-O but had applied to his local board for a hardship deferment, [class III-A] by reason of the asserted dependency...

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