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WALSH v. UNITED STATES

No. 25813.

436 F.2d 1188 (1971)

Michael James WALSH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

January 12, 1971.

Attorney(s) appearing for the Case

Earl Monsey (argued), Las Vegas, Nev., for appellant.

Bart M. Schouweiler (argued), U. S. Atty., Wm. Patterson Cashill, Asst. U.S. Atty., Las Vegas, Nev., for appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.

HUFSTEDLER, Circuit Judge:

Walsh appeals from a conviction for violating 50 U.S.C. App. § 462 upon his failure to comply with an order of his local draft board to report for civilian work in lieu of induction. We reverse his conviction on the ground that the order to report for the civilian work to which he was assigned was invalid, because state law forbade Walsh's employment in the job to which he was assigned.

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