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UNITED STATES v. WARD

No. 26375.

445 F.2d 261 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Henry WARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 28, 1971.

Attorney(s) appearing for the Case

Volney V. Brown, Jr. (argued), Beverly Hills, Cal., for defendant-appellant.

Eric Nobles, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

Ward was convicted for violation of 50 U.S.C. App. § 462, refusal to submit to induction. We reverse.

On March 18, 1968, Ward was ordered to report for induction. That same day, the induction was "postponed until further notice", and Ward was reclassified I-S(C) [student deferment] "until October 1968." On March 29, 1968, Ward completed and returned Selective Service Form 150, in which he described his conscientious objection...

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