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BOOKOUT v. THOMAS

No. 23757.

430 F.2d 1343 (1970)

Jerry Don BOOKOUT, Appellant, v. Geraldine B. THOMAS, Executive Secretary Local Board Number 73, Selective Service System of the Armed Forces of the United States, et al., Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 16, 1970.

Attorney(s) appearing for the Case

Steven Edmondson (argued), Santa Monica, Cal., for appellant.

Alan S. Rosenthal (argued), Atty., Dept. of Justice, Morton Hollander, Chief, Appellate Section, Ralph A. Fine, Wm. D. Ruckelshaus, Dept. of Justice, Washington, D. C., Robt. L. Meyer, U. S. Atty., Herbert M. Schoenberg, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG, DUNIWAY and KILKENNY, Circuit Judges.

JERTBERG, Circuit Judge:

Appellant's draft board classified him I-A. He was ordered to report for induction into the Armed Forces and failed to do so. On January 15, 1969, appellant was indicted for failing to report for induction pursuant to Section 12 of the Selective Service and Training Act. Such action has not been tried.

In September 1968, appellant brought this action against the appellees in the United States District Court for the Central District...

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