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BERMAN v. UNITED STATES

No. 10953.

156 F.2d 377 (1946)

BERMAN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 27, 1946.

Attorney(s) appearing for the Case

A. L. Wirin, J. B. Tietz, and Abe F. Levy, all of Los Angeles, Cal., for appellant.

Charles H. Carr, U. S. Atty., James M. Carter, William L. Ritzi, and Ernest A. Tolin, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN, MATHEWS, STEPHENS, HEALY, BONE, and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

Herman Berman registered under the Selective Training and Service Act of 1940, 54 Stat. 894, 50 U.S.C.A.Appendix, § 301 et seq., and requested classification as a conscientious objector. He was classified by his local board and the appeal board as 1-A, available for military duty, and was ordered to an induction center, there to be inducted into the armed forces. He went to the center, but refused to be inducted. He was thereafter charged...

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