TOMLINSON v. UNITED STATES

No. 13892.

216 F.2d 12 (1954)

John Alan TOMLINSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 15, 1954.


Attorney(s) appearing for the Case

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

Laughlin E. Waters, U. S. Atty., Manley J. Bowler, Manuel L. Real, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

Tomlinson, convicted of refusing to be inducted in the armed forces of the United States, in violation of the Universal Military Training and Service Act, § 12, 50 U.S.C.A.Appendix, § 462, upon this appeal asserts that he should have had judgment of acquittal on the ground that the action of the boards which classified him was arbitrary and capricious, and that it was without basis in fact.

Tomlinson was placed in Class I-A-O...

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