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← 427 F.2d 7 - Clark v. Volatile

Clark v. Volatile’s Empirical Analysis

427 F.2d 7 · 1970

Citation profile

19
cited by 19 later decisions
1
states following
November 1972
most recently cited

14 federal appellate · 1 state decisions

Relationships

Relies on Miller v. United States · United States v. Grier · Desimone v. United States · United States v. Buckner

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Petitioner argues that upon a prima facie showing that his change in status resulted from circumstances beyond his control the board was required to reopen. Under petitioner’s theory we would apparently determine de novo whether a prima facie showing had been made, as we would in a pre-induction-order case. * * * Petitioner’s interpretation would seem to be negated by the language of the provisio that requires the board to “specifically find” a change beyond the registrant’s control before it can reopen; we can hardly hold that a board must reopen after only a prima facie showing of no control, when the regulation clearly requires that the board specifically find no control before it can reopen.”
    1 later decision quote this exact passage · from the majority
  2. ““The local board may reopen and consider anew the classification of a registrant * * * upon the written request of the registrant * * * if such request is accompanied by written information presenting facts not considered when the registrant was classified, which, if true, would justify a change in the registrant’s classification * * * ” See also 32 C.F. R. § 1625.4.”
    1 later decision quote this exact passage · from the majority
  3. ““(T)he classification of a registrant shall not be reopened after the local board has mailed to the registrant an Order to Report for Induction * * * unless the local board first specifically finds there has been a change in the registrant’s status resulting from circumstances over which the registrant had no control.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.