Legal Opinion · Concurring in part, dissenting in part
United States ex rel. Vacca v. Commanding Officer, Ft. Hamilton, United States Armed Forces Examination & Entrance Station, Brooklyn, New York
Court of Appeals for the Second Circuit
Decided May 20, 1971No. 778, Docket 71-1031Published
1Concurring in part, dissenting in partMoore, Circuit Judge
Although I agree with the basis of the majority’s decision today (i. e., that Vacca’s local board may have improperly denied him a I-S(C) deferment), I must disagree with its disposition of the case, insofar as instruction to the district court is concerned. Rather than order that the habeas corpus writ issue, I would remand the case to the district court for a hearing to determine whether Vacca in fact met the statutory and regulatory requirements1 for a I-S(C) classification.
The applicable requirements of 50 U. S.C. App. 456(i) (2) are as follows:
“Any person who while satisfactorily…
2Cases cited3 opinions
- Walsh v. Local Board No. 10, Mount Vernon, New YorkDistrict Court, S.D. New York · 1969
- Wayne Alan Coleman v. New York Local Selective Service Board No. 61, and Colorado Local Selective Service Board No. 9Court of Appeals for the Tenth Circuit · 1970
- Nowak v. CollinsCourt of Appeals for the Third Circuit · 1971