Legal Opinion

United States v. Philip Archie Lemmens

Court of Appeals for the Seventh Circuit

Decided August 4, 1970No. 18061PublishedCited by 58 opinions

1Opinion of the Court

FAIRCHILD, Circuit Judge.

Philip Lemmens appeals from a conviction of failure to report for induction. He challenges the validity of the board’s order on several procedural grounds, and on the ground that the board was unlawfully constituted. He also asserts that there was no basis in fact for 1-A classification and rejection of his claim as conscientious objector. We conclude that the latter challenge has merit, and do not decide the others.

Lemmens registered with his local board in January, 1965 at age 18. He did not then claim to be a conscientious objector. He was first classified and…

2Cases cited19 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. United States v. SeegerSupreme Court of the United States · 1965
  3. Welsh v. United StatesSupreme Court of the United States · 1970
  4. Witmer v. United StatesSupreme Court of the United States · 1955
  5. United States v. Lonnie Leroy HaughtonCourt of Appeals for the Ninth Circuit · 1969

14 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Clay v. United StatesSupreme Court of the United States · 1971
  2. Fein v. Selective Serv. System Local Bd. No. 7 of YonkersSupreme Court of the United States · 1972
  3. United States v. Ray Nevin Stetter, Jr.Court of Appeals for the Fifth Circuit · 1971
  4. United States ex rel. Hemes v. McNultyCourt of Appeals for the Seventh Circuit · 1970
  5. United States v. Allen Dinardo StephensCourt of Appeals for the Third Circuit · 1971

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