Legal Opinion
Robert K. Evans v. Local Board No. 73, Sherman, Cheyenne, Wallace Counties, Goodland, Kansas
Court of Appeals for the Tenth Circuit
Decided April 21, 1970No. 66-70PublishedCited by 12 opinions
1Opinion of the Court
HILL, Circuit Judge.
This appeal springs from appellant’s attempt to avoid induction into military service. It is a pre-induction suit by Evans, seeking to gain judicial review of his draft classification. The district court ruled that 50 U.S.C.A. App. § 460(b) (3) precluded its review of this ease in the absence of unusual Oestereich facts.1 Finding no unique circumstances, the court dismissed for want of jurisdiction. Evans now appeals his cause to this court.
Appellant was born June 23, 1949, and is currently enrolled as a student in the Northwest Kansas Area Vocational-Technical School at…
2Cases cited3 opinions
- Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
- Breen v. Selective Service Local Board No. 16Supreme Court of the United States · 1970
- Clark v. GabrielSupreme Court of the United States · 1968
3Cited by12 opinions
- Stephen J. Zerillo v. Local Board No. 102Court of Appeals for the Eighth Circuit · 1971
- Russell M. Morgan v. Bert MelcharCourt of Appeals for the Third Circuit · 1971
- Francis L. McLain v. Selective Service Local Board No. 47, Etc.Court of Appeals for the Eighth Circuit · 1971
- Application of Joseph E. Steiner, Jr. v. The Officer in Command, Armed Forces Examining and Induction Center Athouston, TexasCourt of Appeals for the Fifth Circuit · 1970
- 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
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