Russell M. Morgan v. Bert Melchar

I continue to adhere to the views which I expressed in my original dissent in this case. See 442 F.2d 1082, 1090 (3d Cir. 1971). As to the effect of the Supreme Court’s decision in Fein v. Selective Service System, 405 U.S. 365, 92 S.Ct. 1062, 31 L.Ed.2d 298 (1972), I continue to adhere to the interpretation of that decision set forth in my dissent in Strople v. Local Board No. 60, 466 F.2d 601 (3d Cir. 1972). The Fein case simply did not deal with the problem of administrative due process considered by the Supreme Court in Mulloy v. United States, 398 U.S. 410, 90 S.Ct. 1766, 26 L.Ed.2d 362…