U.S. Court of Appeals for the Tenth Circuit, 1968

Oestereich v. Selective Service System Local Board No. 11

U.S. Court of Appeals for the Tenth Circuit · Decided February 21, 1968

390 F.2d 100 (Federal Reporter, Second Series)

Counsel

Melvin L. Wulf, New York City (John Griffiths, New Haven, Conn., Lawrence R. Velvel, Lawrence, Kan., John A. King, Laramie, Wyo., and William Reynard, Denver, Colo., were with him on the brief), for appellant., Robert V. Zener, Atty., Dept, of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert N. Chaffin, U. S. Atty., and Morton Hollander, Atty., Dept, of Justice, were with him on the brief), for ap-pellee.

Cases that cite this one

2 later published cases cite this decision.

Oestereich v. Selective Service System Local Board No. 11 (10th Cir. 1968)
Michael J. Zigmond, Movant v. Selective Service Local Board No. 16, Movees (1st Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The judgment is affirmed for the reasons set forth in the memorandum decision of the trial court and particularly in view of the jurisdictional restrictions contained in 50 App. U.S.C. § 460 (b) (3). Orderly classification of a registrant for military service is not punitive in nature. Compare United States v. Capson, 10 Cir., 347 F.2d 959. Appellant is not denied his right to ultimate judicial review of his claimed rights. Witmer v. United States, 348 U.S. 375, 377, 75 S.Ct. 392, 99 L.Ed. 428.

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