SHEA v. MITCHELL

No. 21644.

421 F.2d 1162 (1970)

James Marvin SHEA, Jr., Appellant v. John N. MITCHELL, as Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Reargued April 8, 1969.

Decided February 6, 1970.


Attorney(s) appearing for the Case

Mr. Robert H. Turtle, Washington, D. C., with whom Messrs. Monroe E. Freeman, Jr. and Lawrence Speiser, Washington, D. C., were on the brief, for appellant.

Mr. James G. Greilsheimer, Atty., Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Edwin L. Weisl, Jr., Asst. Atty. Gen. at the time the brief was filed, and Mr. Morton Hollander, Atty., Department of Justice, were on the brief, for appellees. Messrs. Alan Rosenthal, Robert V. Zener and David J. Anderson, Attys., Department of Justice, also entered appearances for appellees.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge.

As a gesture of protest against American involvement in the Vietnam war, appellant Shea sent his Selective Service Notice of Classification to his draft board in April 1967. Subsequently Shea refused to apply for a duplicate card and then returned an unsolicited duplicate which the board sent him on its own initiative in June 1967. Finally, on July 19, 1967, the local board declared Shea delinquent pursuant to 32 C.F.R. § 1642...

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