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UNITED STATES v. THOMAS

No. 24749.

422 F.2d 1327 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Craig Malone THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 9, 1970.

Attorney(s) appearing for the Case

Richard Weinstein (argued), San Francisco, Cal., for defendant-appellant.

Paul G. Sloan (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before BARNES, BROWNING and WRIGHT, Circuit Judges.

PER CURIAM.

Craig Malone Thomas appeals from a judgment finding him guilty of violating 50 U.S.C.App. § 462, refusal to submit to induction. The induction order upon which he was convicted resulted from his having been processed as a "delinquent" for "failure to cooperate and complete" his Armed Forces physical examination following his classification as I-A. We reverse.

In Gutknecht v. United States, 396 U.S. 295, 90 S...

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