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Boyd v. Clark

U.S.
Jan 13, 1969
393 U.S. 316 (1969)

Summary

affirming 287 F. Supp. 561 (S.D.N.Y. 1968) "without reaching the jurisdictional question raised under 28 U.S.C. § 1331"

Summary of this case from FEIN v. SELECTIVE SERV. SYS., YONKERS, N.Y

Opinion

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

No. 490.

Decided January 13, 1969.

287 F. Supp. 561, affirmed.

Victor Rabinowitz and Leonard B. Boudin for appellants.

Solicitor General Griswold for appellees.


The judgment is affirmed, Clark v. Gabriel, ante, p. 256, without reaching the jurisdictional question raised under 28 U.S.C. § 1331.


Summaries of

Boyd v. Clark

U.S.
Jan 13, 1969
393 U.S. 316 (1969)

affirming 287 F. Supp. 561 (S.D.N.Y. 1968) "without reaching the jurisdictional question raised under 28 U.S.C. § 1331"

Summary of this case from FEIN v. SELECTIVE SERV. SYS., YONKERS, N.Y

In Boyd v. Clark, 393 U.S. 316, 89 S.Ct. 553, 21 L.Ed.2d 511 (1969), the Supreme Court also carefully avoided deciding whether the jurisdictional amount requirement of 28 U.S.C. § 1331 would bar judicial review in selective service cases. It has never, so far as I know, explicitly addressed itself to this issue, which has not been raised in this case, perhaps assuming as I do, and as Judge Hastie does, that 28 U.S.C. § 1361 is a sufficient jurisdictional basis in this and similar cases.

Summary of this case from Hunt v. Local Board No. 197

In Boyd, the plaintiffs challenged their classification on several legal grounds without in any way contesting the discretionary or fact-finding aspects of the local board's decision to classify them I-A.

Summary of this case from FEIN v. SELECTIVE SERV. SYS., YONKERS, N.Y

In Boyd v. Clark, 393 U.S. 316, 89 S. Ct. 553, 21 L.Ed.2d 511, a registrant challenged the constitutionality of the student-deferment provision of § 6(h)(1), 50 U.S.C.App. § 456(h) (1).

Summary of this case from Rich v. Hershey
Case details for

Boyd v. Clark

Case Details

Full title:BOYD ET AL. v . CLARK, ATTORNEY GENERAL, ET AL

Court:U.S.

Date published: Jan 13, 1969

Citations

393 U.S. 316 (1969)

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FEIN v. SELECTIVE SERV. SYS., YONKERS, N.Y

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