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Oestereich Vs. Selective Svc. Bd.

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  • US Supreme Court
  • Dec 16, 1968

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  12. Oestereich v. Selective
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  13. Svc. Bd. - 393 U.S. 233 (1968) U.S. Supreme Court Oestereich v. Selective
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  14. Svc. Bd., 393 U.S. 233 (1968) Oestereich v. Selective
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  15. See Estep v. United
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  16. Witmer v. United
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  17. town so that the amorous interests of a Board member might be better served. Page 393 U. S. 238 See Townsend v. Zimmerman
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  18. where literalness in statutory language is out of harmony either with constitutional requirements, United States v. Rumely
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  19. U. S. 41 , or with an Act taken as an organic whole. Clark v. Uebersee
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  20. In Falbo v. United
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  21. Id. at 320 U. S. 553 . In Estep v. United
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  22. as that phrase is commonly used in this area of law. See Estep v. United
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  23. Estep v. United
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  24. it has classified and processed him regularly, and in accordance with the applicable statutes and regulations. Greer v. United
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  25. Storey v. United
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  26. United States v. Chemical
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  27. Chin Yow v. United
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  28. has generally been thought beyond the jurisdiction of administrative agencies. See Public Utilities Comm'n v. United
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  29. Engineers Public Service Co. v. SEC
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  30. Indeed, the denial of counsel has been justified on the ground that the proceedings are nonjudicial. United States v. Sturys
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  31. United States v. Capehart
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  32. on its face, it is presumed that the state courts will treat a defendant fairly, and removal is not permitted. Georgia v. Rachel
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  33. Id. at 100 U. S. 321 . See also Greenwood v. Peacock
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  34. the prior opportunity to be heard by some tribunal competent fully to adjudicate his claims. Cf. Kuong Hai Chew v. Colding
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  35. United States v. Illinois
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  36. Londoner v. City
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  37. Dixon v. Alabama
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  38. State Board of Education, 294 F.2d 150 (1961). But cf. Ewing v. Mytinger
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  39. Reisman v. Caplin
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  40. Estep v. United
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  41. of collateral regulations, without jury trial, right to counsel, and other constitutional requisites. See Kennedy v. Mendoza-Martinez
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  42. in his favor on other grounds, obviating the need for further review. Cf. my dissent in Public Utilities Comm'n v. United
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  43. Aircraft & Diesel Equipment Corp. v. Hirsch
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  44. Appendix 4.) Section 10(b)(3) was likely precipitated by the Second Circuit's well publicized decision in Wolff v. Selective
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  45. or misapplied the applicable statutes or regulations, and not challenges to the validity of the laws themselves. Wolff v. Selective
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  46. Townsend v. Zimmerman
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  47. Schwartz v. Strauss
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  48. Tomlinson v. Hershey
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  49. Falbo v. United
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  50. to be inducted, or (2) in habeas corpus proceedings initiated after induction. Page 393 U. S. 247 See Witmer v. United
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