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UNITED STATES v. NICHOLS

No. 8840.

151 F.2d 155 (1945)

UNITED STATES ex rel. BODENSTEIN v. NICHOLS.

Circuit Court of Appeals, Third Circuit.

Decided September 18, 1945.

Attorney(s) appearing for the Case

Julien Cornell, of New York City (Samuel Thierman, of New York City, on the brief), for appellant.

George Mashank, Asst. U. S. Atty., of Sharon, Pa., and Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., for appellee.

Before BIGGS, WALLER, and McLAUGHLIN, Circuit Judges.

WALLER, Circuit Judge.

Appellant, asserting that he is concientiously opposed to war or to rendering any noncombatant service that would release another for the military defense of his country, was classified by his Local Board in IV-E. He was married in 1937, but no child was born of that marriage until the breath of the Draft Board was blowing hot on the back of his neck. A daughter was born to the couple on January 14, 1943, after which he sought a reclassification...

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