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ASHAUER v. UNITED STATES

No. 14304.

217 F.2d 788 (1954)

Bernard Henry ASHAUER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 21, 1954.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

Laughlin E. Waters, U. S. Atty., Manley J. Bowler, Louis Lee Abbott, Manuel L. Real, Hiram W. Kwan, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

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

WALSH, District Judge.

Ashauer was convicted of violating the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. by knowingly failing and refusing to submit to induction into the armed forces of the United States. In this appeal, he contends that his final classification of I-A (available for military service) was invalid. If his contention is sound, then it follows that the order requiring him to submit to induction was invalid,...

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