Legal Opinion

Rich v. Hershey

Court of Appeals for the Tenth Circuit

Decided April 1, 1969No. 134-69PublishedCited by 22 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

The question is whether appellant-plaintiff Rich has an absolute statutory right to a I-S classification under § 6 (i) (2) of the Military Selective Service Act of 1967, 50 U.S.C.App. § 456(i) (2). He says that he does and is entitled to both an injunction against induction into the armed services and a writ of mandamus directing the Selective Service to give him such a classification. The district court heard the matter on an application for a temporary restraining order. No evidence was offered or received. The district court denied the temporary restraining…

2Cases cited4 opinions

  1. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
  2. Clark v. GabrielSupreme Court of the United States · 1968
  3. Boyd v. ClarkSupreme Court of the United States · 1969
  4. Rolf J. Kolden v. Selective Service Local Board No. 4, Beltrami County, MinnesotaCourt of Appeals for the Eighth Circuit · 1969

3Cited by22 opinions

  1. James R. Nestor v. Lewis B. HersheyCourt of Appeals for the D.C. Circuit · 1969
  2. James E. Foley v. Lewis B. Hershey, Director of Selective ServiceCourt of Appeals for the Seventh Circuit · 1969
  3. The Reverend Henry Hale Bucher, Jr. v. Selective Service System, Local Boards Nos. 2, Etc. And Colonel Joseph Avella, EtcCourt of Appeals for the Third Circuit · 1970
  4. Lansing E. Crane v. Lewis B. Hershey, Director of Selective ServiceCourt of Appeals for the First Circuit · 1969
  5. Albert Armendariz, Jr. v. Lewis B. Hershey, Director, Selective ServiceCourt of Appeals for the Fifth Circuit · 1969

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