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UNITED STATES v. KIRKPATRICK

No. 71-1038.

446 F.2d 1371 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Richard KIRKPATRICK, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 2, 1971.

Attorney(s) appearing for the Case

James L. Treece, U. S. Atty., and John W. Madden, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Jacqueline Vermeulen, Englewood, Colo. (Peter H. Ney, Englewood, Colo., with her on the brief), for defendant-appellant.

Before HILL, SETH and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Harold Richard Kirkpatrick, Jr. was classified II-S, a student deferment, in February of 1966. On December 25, 1969, he wrote his draft board that he was opposed to the "genocidal war machine" and that he refused to accept a II-S deferment any longer. The local board mailed Kirkpatrick SSS Form 127 and SSS Form 150. Form 127 is the Current Information Questionnaire and Form 150 is a conscientious objector application.

Kirkpatrick was...

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