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ASTRUP v. IMMIGRATION & NATURALIZATION SERVICE

No. 23859.

432 F.2d 438 (1970)

Ib Otto ASTRUP, Petitioner and Appellant, v. IMMIGRATION & NATURALIZATION SERVICE, Appellee.

United States Court of Appeals, Ninth Circuit.

Certiorari Granted January 18, 1971.

Attorney(s) appearing for the Case

Paul N. Halvonik (argued), San Francisco, Cal., for appellant.

David R. Urdan (argued), Cecil F. Poole, U. S. Atty., David N. Ilchert, Ass't. Director, I. & N. S., San Francisco, Cal., for appellee.

Before CHAMBERS, and TRASK, Circuit Judges, and PLUMMER, District Judge.

Certiorari Granted January 18, 1971. See 91 S.Ct. 566.

PER CURIAM:

The decision and order of the district court denying citizenship to Astrup is affirmed. We believe that he is concluded by Lapenieks v. Immigration and Naturalization Service, 9 Cir., 389 F.2d 343, cert. den. 391 U.S. 951, 88 S.Ct. 1846, 20 L.Ed.2d 864.

He made a considered decision initially to claim his alienage as a ground for avoiding military service...

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