UNITED STATES v. BORNEMANN

No. 282, Docket 33716.

424 F.2d 1343 (1970)

UNITED STATES of America, Appellee, v. Stephen BORNEMANN, Appellant.

United States Court of Appeals Second Circuit.

Decided January 5, 1970.


Attorney(s) appearing for the Case

F. Mac Buckley, Asst. U. S. Atty., Hartford, Conn. (Stewart H. Jones, U. S. Atty., on the brief), for appellee.

Catherine G. Roraback, Canaan, Conn., for appellant.

Before MOORE and KAUFMAN, Circuit Judges, and RYAN, District Judge.


IRVING R. KAUFMAN, Circuit Judge:

A Selective Service Appeal Board may base its denial of an application for conscientious objector status on one of two grounds: a determination that the substance of the applicant's beliefs does not qualify him for the statutory exemption or a conclusion that the applicant is not sincere in his beliefs. In this case, it is unquestioned that the beliefs of the appellant Stephen Bornemann, if sincerely held, would entitle him to classification...

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