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UNITED STATES v. WHITE

No. 26629.

421 F.2d 487 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Wilson WHITE, Jr., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

December 3, 1969.

Attorney(s) appearing for the Case

Robert G. Petree, Bornstein & Petree, Orlando, Fla., Samuel S. Jacobson, Datz & Jacobson, Jacksonville, Fla., for defendant-appellant.

Edward F. Boardman, U. S. Atty., Middle District of Florida, Gary B. Tullis, Allan P. Clark, Asst. U. S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

CASSIBRY, District Judge:

Arthur Wilson White, Jr., appeals his conviction by jury for failure to submit to induction into the Armed Forces. 50 App. U.S.C. § 462. Without reaching any other issue we reverse on the ground that there was no basis in fact for the Selective Service Appeal Board's ruling that White was not entitled to a conscientious objector classification.

White registered with the Selective Service...

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