Legal Opinion

In Re Rogers

District Court, N.D. Texas

Decided October 31, 1942No. 759PublishedCited by 10 opinions

1Opinion of the Court

ATWELL, District Judge.

The Selective Service Act of 1940, in Sec. 5 (d) provides that: “Regular or duly ordained ministers of religion, and students who are preparing for the ministry in theological or divinity schools, recognized as such for more than one year prior to the date of enactment of this Act [September 16, 1940], shall be exempt from training and service (but not from registration).” Title 50 U.S.C.A.Appendix § 301 etc., and particularly § 305(d) as to ministers.

“A regular minister of religion” is a man who customarily preaches and teaches the principles of religion of a…

2Cases cited3 opinions

  1. Helvering v. RankinSupreme Court of the United States · 1935
  2. Elmhurst Cemetery Co. of Joliet v. CommissionerSupreme Court of the United States · 1937
  3. United States v. GriemeCourt of Appeals for the Third Circuit · 1942

3Cited by10 opinions

  1. United States Ex Rel. Trainin v. CainCourt of Appeals for the Second Circuit · 1944
  2. Isbrandtsen Co. v. United StatesDistrict Court, S.D. New York · 1951
  3. United States v. EstepCourt of Appeals for the Third Circuit · 1945
  4. East Tex. Motor Freight Lines v. United StatesDistrict Court, N.D. Texas · 1951
  5. United States ex rel. Levy v. CainDistrict Court, E.D. New York · 1944

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