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UNITED STATES v. HULPHERS

No. 24710.

421 F.2d 1291 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. John Carl HULPHERS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 29, 1969.

Attorney(s) appearing for the Case

Clark A. Barrett (argued), San Mateo, Cal., for appellant.

Paul G. Sloan (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING, CARTER, and WRIGHT, Circuit Judges.

PER CURIAM:

Defendant appeals his conviction of refusing to submit to induction into the armed forces. 50 U.S.C.App. § 462. We affirm.

Defendant contends that the conviction must be reversed because the local board, after classifying him I-A, did not meet and order him to report for induction. But as we pointed out in United States v. Baker, 416 F.2d 202, 204 (9th Cir. 1969), "an order of the Board contingent upon a later...

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