Legal Opinion

United States v. John Charles Wainscott

Court of Appeals for the Fourth Circuit

Decided April 25, 1974No. 72-1988PublishedCited by 3 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

The principal question raised by this appeal is whether a selective service order of induction, issued before the Draft Extension Act of 1971, is valid when an appeal board has assigned the reason for its decision, but the local board has failed to state why it denied the registrant’s claim. In United States v. Broyles, 423 F.2d 1299 (4th Cir. 1970), we held that when a registrant establishes a prima facie case for classification as a conscientious objector, the local board must disclose why it rejected the registrant’s claim.1 Disclosure of the reasons for the board’s…

2Cases cited25 opinions

  1. United States v. SeegerSupreme Court of the United States · 1965
  2. Estep v. United StatesSupreme Court of the United States · 1946
  3. Welsh v. United StatesSupreme Court of the United States · 1970
  4. Gillette v. United StatesSupreme Court of the United States · 1971
  5. Witmer v. United StatesSupreme Court of the United States · 1955

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3Cited by3 opinions

  1. James Rolf Bjerkan v. United StatesCourt of Appeals for the Seventh Circuit · 1975
  2. James Rolf Bjerkan v. United StatesCourt of Appeals for the Seventh Circuit · 1975
  3. United States v. John Charles WainscottCourt of Appeals for the Fourth Circuit · 1974

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