David Lewis Keith v. Leo Beach

Good Law
455 F.2d 253
United States Court of Appeals for the Ninth CircuitApril 11, 197225094California662 words

Opinion

Opinion

Appellant is subject to the Military Selective Service Laws and as such is a registrant with Local Board No. 12, Selective Service System, Corvallis, Oregon (hereinafter the “Board”).

Appellees, as indicated in the caption, comprise the five-man membership of the Board, except for appellee Hicks, who is State Director of the Selective Service Board for Oregon.

The Board duly classified Keith in Class I-A on or about February 24, 1968. On approximately the same date, appellant filed with the Board a completed Selective Service Form No. 150, making application for classification 1-0 (conscientious objector). The registrant’s file was received by the Board and he was retained in a I-A classification. Sometime later Keith was invited to appear before the Board for the purpose of a reconsideration of his classification status. Two members of the Board conducted this interview and later the entire Board voted 5 to 0 to continue the registrant in Class I-A. Keith requested and was afforded, on June 12, 1969, still another personal appearance. Once more only two members were in attendance at the hearing but again a majority of the Board voted, 4 to 0, to reject the application for…

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