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UNITED STATES v. BERGER

No. 25190.

434 F.2d 610 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Asa John BERGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 11, 1970.

Attorney(s) appearing for the Case

Solomon Zeltzer, San Jose, Cal., for appellant.

James L. Browning, Jr., U. S. Atty., Jerrold M. Ladar, Chief, Criminal Division, John G. Milano, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM:

Convicted of refusing to submit to induction into the Armed Forces of the United States (50 U.S.C. App. § 462), Berger appeals. We affirm. We have ruled against each of his contentions in previous decisions.

1. The members of his local board were all residents of the county, as required by 50 U.S.C. App. § 460(b) (3). However, two of the three resided outside the area in which the board had jurisdiction. 32 C.F.R. § 1604.52. We have...

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