UNITED STATES v. REISER

No. 75-2351.

532 F.2d 673 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. George Kenneth REISER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Order Denying Petition for Rehearing March 22, 1976.


Attorney(s) appearing for the Case

Helena S. Maclay, Asst. U. S. Atty., Butte, Mont. (argued), for plaintiff-appellant.

James H. Goetz, Bozeman, Mont. (argued), for defendant-appellee.

Before CHAMBERS and KENNEDY, Circuit Judges, and WONG, District Judge.


ORDER OF REVERSAL

The United States appeals from the order of the district court dismissing the indictment of Reiser, who was charged with failure to submit to induction into the armed forces, in violation of 50 App. U.S.C. § 462(a).

The district court's rationale was that the Selective Service Act violates appellee's rights to due process and equal protection under the Fifth Amendment because it subjects men, but not women, to registration and induction...

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