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UNITED STATES v. DOWNER

No. 375.

143 F.2d 125 (1944)

UNITED STATES ex rel. BEYE v. DOWNER et al.

Circuit Court of Appeals, Second Circuit.

May 29, 1944.

Attorney(s) appearing for the Case

Harold Johnson, of New York City, for relator-appellant.

Harold M. Kennedy, of Brooklyn, N. Y. (Nathan T. Elliff, of Washington, D. C., and Vine H. Smith, of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Appellant, born August 30, 1905, registered with his Local Board in New York City, pursuant to the Selective Training and Service Act, 50 U.S.C.A.Appendix, § 301 et seq. He was given a physical examination by the Board which classified him in Class I-A1 and so notified him. From this classification he took no appeal to the Appeal Board. He repeatedly refused to report...

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