CLARK v. UNITED STATES

No. 14176.

217 F.2d 511 (1954)

Roger Dean CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 3, 1954.


Attorney(s) appearing for the Case

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

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HEALY and POPE, Circuit Judges, and YANKWICH, District Judge.


POPE, Circuit Judge.

The appellant Clark was indicted and convicted of the offense of knowingly refusing to be inducted into the armed forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. He asserts that his Selective Service classification in Class I-A, (a person available for military service), was without basis in fact and that such action was arbitrary and capricious.

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