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UNITED STATES v. NEWTON

No. 25630.

435 F.2d 671 (1970)

UNITED STATES of America, Appellee, v. Roger Grant NEWTON, Appellant.

United States Court of Appeals, Ninth Circuit.

December 15, 1970.

Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for appellant.

Tom Kotoske (argued), Asst U. S. Atty., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, DUNIWAY and WRIGHT, Circuit Judges.

BARNES, Circuit Judge:

Roger G. Newton, classified I-A-O by his local Board, was ordered to report for duty in the military as a noncombatant. He refused and was convicted for violation of the Universal Military Training and Service Act (50 U.S.C. App. § 462). On appeal he challenges the validity of his classification. We reverse.

Appellant was initially classified I-A-O by his local Board because of his conscientious objector beliefs and because he indicated...

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