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FORSTING v. UNITED STATES

No. 19744.

429 F.2d 134 (1970)

Robert Lee FORSTING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

July 10, 1970.

Attorney(s) appearing for the Case

George E. Duis, Fargo, N. D., for appellant; Ralph K. Helge, Pasadena, Cal., on the briefs.

Eugene K. Anthony, Asst. U. S. Atty., Fargo, N. D., for appellee; Harold O. Bullis, U. S. Atty., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

Robert Lee Forsting was convicted by the United States District Court of North Dakota of failing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We reverse because we find that he was not accorded procedural fairness by the State Appeal Board.

Forsting was classified I-S(H) while in high school. When he entered college, he was classified II-S, but was subsequently reclassified I-A because he received...

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