UNITED STATES v. BROWN

No. 17918.

423 F.2d 751 (1970)

UNITED STATES of America v. Gerald Lee BROWN, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 11, 1970.

Rehearing Denied May 5, 1970.


Attorney(s) appearing for the Case

Charles M. Butterworth, Philadelphia, Pa., for appellant.

Charles B. Burr, II, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, ALDISERT and STAHL, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal from a judgment of conviction for refusal to submit to induction into the armed services requires us to decide if appellant was denied basic fairness in the selective service procedures which resulted in rejection of his claims for exemption. Appellant's primary contention is that a Department of Justice recommendation to the appeal board was based in part on a legally erroneous conclusion. Alternatively...

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