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UNITED STATES v. STARK

No. 22994.

418 F.2d 901 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Bert Daniel STARK, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Certiorari Denied March 2, 1970.

Attorney(s) appearing for the Case

Ralph J. Steinberg (argued), of Berns & Steinberg, San Jose, Cal., for defendant-appellant.

Michael J. Lightfoot (argued), Robert L. Brosio, Eric Nobles, Asst. U. S. Attys., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, BARNES, HAMLEY, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, CARTER, HUFSTEDLER, WRIGHT, KILKENNY and TRASK, Circuit Judges.

Certiorari Denied March 2, 1970. See 90 S.Ct. 1009.

MERRILL, Circuit Judge.

Appellant, classified I-O by his local draft board, stands convicted of failure to report for civilian work in lieu of induction into the military service. Upon appeal he asserts that no order to report was ever made by the board; that the only order issued was one by the clerk of the board and that the record is silent as to her authority. Appellant relies on Brede v. United States...

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