Legal Opinion

Michael E. Bratcher v. Robert S. McNamara Secretary of Defense

Court of Appeals for the Ninth Circuit

Decided September 8, 1971No. 22865_1PublishedCited by 13 opinions

1Opinion of the Court

McNICHOLS, District Judge:

This case has been remanded by the Supreme Court for our further consideration in light of a change of position by the government on the issue of exhaustion of administrative remedies in relation to servicemen seeking court relief from military duty on grounds of conscientious objection to such duty. Brat-cher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). Our original opinion is found at 415 F.2d 760. Briefly re-stated, the record discloses that appellant Bratcher enlisted in the United States Army on January 23, 1966 without' prior indication of any…

2Cases cited12 opinions

Carafas v. LaValleeSupreme Court of the United States · 1968
Peyton v. RoweSupreme Court of the United States · 1968
McNally v. HillSupreme Court of the United States · 1934
John Henry Hewett v. State of North Carolina, R. L. Turner, Warden, Central Prison, Jerry Ray Cassada v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1969
Londell Brown and Warren E. Gilliam, Jr. v. Stanley R. Resor, as Secretary of the ArmyCourt of Appeals for the Fifth Circuit · 1969

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

3Cited by13 opinions

Beller v. MiddendorfCourt of Appeals for the Ninth Circuit · 1980
Montgomery v. RumsfeldCourt of Appeals for the Ninth Circuit · 1978
In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United StatesCourt of Appeals for the Ninth Circuit · 1971
United States of America Ex Rel. Gerard A. Bailey v. U.S. Commanding Officer of the Office of the Provost Marshal, U.S. Army, Etc.Court of Appeals for the First Circuit · 1974
Lieutenant Richard C. Taylor v. The Honorable W. Graham Claytor, Jr. Secretary of the Navy, Radm. W. HayleyCourt of Appeals for the Ninth Circuit · 1979

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