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UNITED STATES v. DELFIN

No. 112, Docket 33083.

419 F.2d 226 (1969)

UNITED STATES of America, Appellee, v. Howard R. DELFIN, Appellant.

United States Court of Appeals Second Circuit.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty., New York City (Vincent T. McCarthy, U. S. Atty., on the brief), for appellee.

Steven J. Hyman, New York City (Alan H. Levine, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, WATERMAN and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

We are once again confronted with the question of what degree of consideration must be given a claim of conscientious objector status presented after receipt of an order to report for induction.

Upon discovering that Delfin was no longer attending college, his Local Board (No. 65) reclassified him I-A (acceptable for induction) on October 5, 1966. Delfin did not seek a personal appearance or appeal from this classification. Rather,...

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