Gerson Grosfeld v. Dr. Harold P. Morris, Gerson Grosfeld v. Maj. James R. McCarter

WINTER, Circuit Judge:

As submitted to us, these two appeals required us to determine, with particular reference to the Supreme Court’s decisions in Breen v. Selective Service Local Board No. 16, 396 U.S. 460, 90 S.Ct. 661, 24 L.Ed.2d 653 (1970), and Mulloy v. United States, 398 U.S. 410, 90 S.Ct. 1766, 26 L.Ed.2d 362 (1970), whether a local board may refuse to reopen a registrant’s classification when presented with a prima facie claim for a deferment after an order for induction had issued, and, if not, whether such illegal board conduct may be challenged prior to the registrant’s induction…