Rheingans v. Mitchell

438 F.2d 345 Dick RHEINGANS, Plaintiff-Appellant, v. John N. MITCHELL,* etc., et al., Defendants-Appellees. *We have substituted John N. Mitchell, present Attorney General, for RamseyClark, pursuant to Rule 25(d)(1) Fed. Rules of Civil Procedure. No. 24269. United States Court of Appeals, Ninth Circuit. Feb. 5, 1971, Rehearing Denied March 5, 1971. John E. Thorne (argued), of Thorne, Stanton, Clopton, Herz, Stanek & Steinberg, San Jose, Cal., for appellant. Brian Denton (argued), Asst. U.S. Atty., James L. Browning, Jr., Jerry K. Cimmet, Asst. U.S. Atty., San Francisco., Cal., for appellees. Before CHAMBERS, ELY and CARTER, Circuit Judges. PER CURIAM. 1 This case raises the question as to whether a Selective Service registrant classified I-O may bring a civil action prior to compliance with an order to report for civilian work in lieu of induction, to compel his Board to reopen and classify him in Class III-A. 2 Appellant sought declaratory and injunctive relief. He had been classified I-O but had applied to his local board for a hardship deferment, (class III-A) by reason of the asserted dependency upon him of his parents and other relatives. The board refused to reopen and…