James R. Nestor v. Lewis B. Hershey

ROBB, Circuit Judge:

Upon receipt of an order to report for induction into military service, appellant, a second-year graduate student in chemistry at the University of Maryland, sought from his local draft board and was denied a deferment from service until the completion of his then current academic year. Following appropriate but unsuccessful appeals through the Selective Service System, appellant invoked the jurisdiction of the District Court under the authority of the Supreme Court’s decision in Oestereich v. Selective Service Local Board No. 11, 393 U.S. 233, 89 S.Ct. 414, 21 L.Ed.2d 402…