Legal Opinion · Dissent
Michael F. Eleey v. Thomas M. Volatile, Commanding Officer, and Secretary of Defense
Court of Appeals for the Third Circuit
Decided May 3, 1973No. 71-1355Published
1DissentVan Dusen, Circuit Judge
I dissent, respectfully, from the conclusion of the majority opinion, because the finding of the Pennsylvania Scientific Advisory Committee that petitioner’s occupation was nonessential contradicted the other information in the file indicating a prima facie case. Since this finding had not been present in the file during the two previous years, this record is substantially different from that before the court in United States ex rel. Kameshka v. Neff, 446 F.2d 1164 (3d Cir. 1971). As stated by the district court,
“Assuming, arguendo, that petitioner did establish a prima facie claim to II-A…
2Cases cited4 opinions
- Fein v. Selective Serv. System Local Bd. No. 7 of YonkersSupreme Court of the United States · 1972
- United States of America Ex Rel. Lewis Godfrey Bent v. Melvin R. Laird, Secretary of DefenseCourt of Appeals for the Third Circuit · 1971
- William G. Cale, Jr. v. Thomas M. Volatile, Commanding Officer Afees and Secretary of DefenseCourt of Appeals for the Third Circuit · 1972
- United States ex rel. Kameshka v. NeffCourt of Appeals for the Third Circuit · 1971