CLEMENTINO v. UNITED STATES

No. 13918.

216 F.2d 10 (1954)

Albert CLEMENTINO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 27, 1954.


Attorney(s) appearing for the Case

Harold Shire, Beverly Hills, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

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

Before STEPHENS, BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

Clementino was found guilty of a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., in knowingly failing and refusing to be inducted into the armed forces. Upon this appeal one of his contentions is that the action of the Selective Service Appeal Board in placing him in Class I-A, that is to say, available for military service, was arbitrary, capricious, without basis in fact, and made in disregard...

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