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UNITED STATES v. MARCOVICH

No. 71-1974.

454 F.2d 138 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Michael MARCOVICH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 17, 1972.

Attorney(s) appearing for the Case

Paul G. Sloan (argued), of Friedman & Sloan, San Francisco, Cal., for defendant-appellant.

Michael Field, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before MADDEN, Judge of the United States Court of Claims and CARTER and WRIGHT, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

Appellant was convicted and sentenced for a violation of 50 U.S.C. App. § 462(a) (1970 ed.), failure to submit to induction into the military service. He appeals on the ground that his induction was invalid because the local board did not have a basis in fact for denying his request for reclassification in class II-A (occupational deferment). He also urges that since neither the local nor the appeal board stated a reason for the...

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