Norman Lloyd Petersen v. Ramsey Clark, Attorney General, Clark, Now John L. Mitchell

It appearing to this court that the judgment herein appealed (Petersen v. Clark, 285 F.Supp. 698 (N.D.Cal.1968)) denying the Government’s motion to dismiss, was rendered prior to and without knowledge of the Supreme Court’s decision in Clark v. Gabriel, 393 U.S. 256 , 89 S.Ct. 424 , 21 L.Ed.2d 418 , decided December 16, 1968, in which that Court said:

and because we believe the result on this appeal is dictated by Clark v. Gabriel, supra, and not by Oestereich v. Selective Service Board, 393 U.S. 233 , 89 S.Ct. 414 , 21 L.Ed.2d 402 (1968), we reverse the district court and remand with instruction to dismiss the action.