Legal Opinion · Dissent

Thomas T. Schrader v. Selective Service System Local Board No. 76 of Wisconsin

Court of Appeals for the Seventh Circuit

Decided December 18, 1972No. 71-1767Published

1DissentEschbach, District Judge

The defendants here, through the actions of their National Director, violated a specific federal court order, directed at them, of which they were aware and which they unsuccessfully sought to stay at the district court level. I know of no government agency or any other litigant who is permitted to deliberately disregard with impunity a nonfrivolous federal court order. I therefore agree with the court below that the Selective Service System’s utter disregard of the mandate issued in Gregory v. Hershey, 311 F.Supp. 1 (E.D.Mich.1970) was “lawless,” and I must respectfully dissent.

In Gregory v.…

2Cases cited11 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Walker v. City of BirminghamSupreme Court of the United States · 1967
  3. Carroll v. President & Commissioners of Princess AnneSupreme Court of the United States · 1968
  4. United States v. ShippSupreme Court of the United States · 1906
  5. Stephen L. Gregory, James E. Hovis, John B. Sharpless Ii, Richard J. Silverman v. Curtis W. Tarr, National Director of Selective ServiceCourt of Appeals for the Sixth Circuit · 1971

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