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UNITED STATES v. FOSTER

No. 25810.

439 F.2d 29 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Langdon Smith FOSTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 9, 1971.

Attorney(s) appearing for the Case

Michael E. Somers, of Somers, Fox, Freis & Kallen, Santa Monica, Cal., for appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., David P. Curnow, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before TUTTLE, BROWNING and HUFSTEDLER, Circuit Judges.

TUTTLE, Circuit Judge:

Appellant was convicted of violating the Universal Military Training and Service Act for refusing to submit to induction. Because we feel that a prima facie case for a III-A hardship deferment had been made out, the draft board's failure to reopen requires that we reverse the judgment of the trial court.

The pertinent facts reveal that appellant was scheduled to report for induction on October 15, 1968. Due to the fact that his mother...

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