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UNITED STATES v. WASHINGTON

No. 17744.

392 F.2d 37 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmie Durrell WASHINGTON, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

March 26, 1968.

Attorney(s) appearing for the Case

Ed. M. Hurley, Memphis, Tenn., for appellant.

Henry L. Klein, Memphis, Tenn. (Thomas L. Robinson, U. S. Atty., Memphis, Tenn., Fred M. Vinson, Jr., Asst. Atty. Gen., Dept. of Justice, Criminal Division, Washington, D. C., on the brief), for appellee.

Before CELEBREZZE, PECK and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from a conviction for refusing to submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C.App. § 462. Appellant contended in the District Court, as he does on appeal, that he should have been granted his requested classification of 1-O (conscientiously opposed to participation in war in any form) rather than the 1-A-O classification (conscientiously opposed to combatant service but available...

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