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KOLDEN v. SELECTIVE SERV. LOCAL BD. NO. 4, BELTRAMI CO., MINN.

No. 19331.

406 F.2d 631 (1969)

Rolf J. KOLDEN, Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 4, BELTRAMI COUNTY, MINNESOTA, Appellee.

United States Court of Appeals Eighth Circuit.

January 28, 1969.

Attorney(s) appearing for the Case

Joseph Perry, of Kuehn & Perry, St. Paul, Minn., for appellant; John S. Connolly, St. Paul, Minn., Chester Bruvold, and Lynn S. Castner, Minneapolis, Minn., were with him on the brief.

Morton Hollander, Atty., Dept. of Justice, Washington, D. C., for appellee; Edwin L. Weisl, Jr., Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Patrick J. Foley, U. S. Atty., Minneapolis, Minn., and Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., were with him on the brief.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.

MATTHES, Circuit Judge.

Rolf J. Kolden, appellant, was at all pertinent times a graduate student at Harvard University, working for a Ph.D. degree. Until he turned in his draft card to an officer of the Government on October 16, 1967, at a meeting protesting the Viet Nam War, appellant posessed a II-S classification (student deferment). On November 8, he informed his local draft board (Beltrami County, Minnesota) that he had surrendered his draft card. Pursuant to...

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