UNITED STATES v. BRAY

No. 26660.

445 F.2d 819 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Burman BRAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 22, 1971.


Attorney(s) appearing for the Case

Philip L. Burton (argued), Seattle, Wash., for defendant-appellant.

Vinita Jo Neal, Sp. Asst. U. S. Atty. (argued), Portland, Or., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before HAMLIN and MERRILL, Circuit Judges, and HILL, District Judge.


PER CURIAM:

Bray appeals from a conviction for refusal to submit to induction into the armed forces, in violation of 50 U.S.C. App. § 462. The issue presented on this appeal is whether Bray's local draft board acted contrary to Selective Service Regulations in refusing to reopen his I-A classification for the purpose of considering his claim to a I-S deferment. We conclude that Bray's local board acted improperly, and we reverse.

In September, 1968, Bray...

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