160 F.2d 999 | 2d Cir. | 1947
On a petition by the prosecution for cer-tiorari, the Supreme Court rendered the following decision: “The petition for writ of certiorari is granted. The judgment is vacated and the case remanded to the United States Circuit Court of Appeals. Falbo v. United States, 320 U.S. 549, 64 S. Ct. 346, 88 L.Ed. 305.” 67 S.Ct. 625. We interpret this to mean that the court did not pass upon the questions which we discussed upon the original appeal,
Were it not for a circumstance which we shall mention presently, we should therefore conform to the Supreme Court’s order, as we understand it, by merely saying that, for the reasons that we gave
Balogh asserts that the regulation was invalid because it ran counter to the amendment of the Selective Service Act, passed December 5, 1943.
So much for the Army Regulation. The Selective Service Regulations
For the foregoing reasons we hold that Balogh had not “exhausted his administrative remedies” within the meaning of Falbo v. United States, supra,
Conviction affirmed.
320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305.
United States ex rel. Kulick v. Kennedy, 157 F.2d 811.
327 U.S. 114, 66 S.Ct. 423.
615-5 00(e).
“e. Registrants forwarded for induction. — Registrants forwarded for induction will ordinarily have had a preinduction physical examination within 90 days and will require only a physical inspection. Registrants so forwarded, who have not been previously examined, or who have been previously examined and found not acceptable, or who have been examined and found acceptable more than 90 days-previously, will be given a complete examination. The preinduction physical examination will be void after 90 days from the date of the examination shown on DSS Form No. 221.”
320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305.
327 U.S. 114, 66 S.Ct. 423.
57 St. at L. 599, 50 U.S.C.A.Appendix, § 304a.
321 U.S. 542, 552, 64 S.Ct. 737, 88 L. Ed. 917.
§ 629.1(b).
1 Cir., 142 F.2d 919.
1 Cir., 142 F.2d 919.
320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305.