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CLAYTON v. UNITED STATES

No. 10570.

142 F.2d 552 (1944)

CLAYTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 8, 1944.

Attorney(s) appearing for the Case

Harve H. Phipps, of Spokane, Wash., for appellant.

Edward M. Connelly, U.S. Atty., and Harvey Erickson, Asst. U.S. Atty., both of Spokane, Wash., for appellee.

Before STEPHENS and HEALY, Circuit Judges, and FEE, District Judge.

PER CURIAM.

Appellant was indicted, tried and convicted for violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 311, and of § 622.51 of the Selective Service Regulations thereunder.

The appellant was classified by this "Local Board" as a conscientious objector (classification IVE) and was ordered to report for work of national importance non-combatant in nature (Regulation § 622.51), but he did not report as...

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