Legal Opinion
Plotner v. Resor
Court of Appeals for the Fifth Circuit
Decided June 29, 1971No. 31030PublishedCited by 4 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
Appellee, James Plotner, was granted a writ of habeas corpus releasing him from service in the U. S. Army. Appellants argue he was not entitled to the deferment he sought and, therefore, had been legally inducted. We disagree and affirm, in part, the judgment of the trial court, but remand for the resolution of a factual issue.
Plotner graduated from Bridgewater State College in June of 1967. He completed his undergraduate work under a II-S deferment obtained pursuant to the Selective Service Act of 1951. In September, 1967 he entered Clark College as a graduate student…
2Cases cited12 opinions
- James R. Nestor v. Lewis B. HersheyCourt of Appeals for the D.C. Circuit · 1969
- Michael Lawrence Fine v. The Honorable Matthew F. McGuire United States District JudgeCourt of Appeals for the D.C. Circuit · 1970
- James E. Foley v. Lewis B. Hershey, Director of Selective ServiceCourt of Appeals for the Seventh Circuit · 1969
- 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
- Arthur L. Bowen, Applicant v. Lewis B. Hershey, AppliceesCourt of Appeals for the First Circuit · 1969
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3Cited by4 opinions
- United States v. Henry Samuel Atkins, Jr.Court of Appeals for the Fifth Circuit · 1976
- United States v. Michael Flynn TaylorCourt of Appeals for the Fifth Circuit · 1974
- Plotner v. ResorCourt of Appeals for the Fifth Circuit · 1971
- United States v. Jeffrey Davis Blakely, No. 73-2975. Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974