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UNITED STATES v. BENDER

No. 72-1226.

469 F.2d 235 (1972)

UNITED STATES of America, Appellee, v. David Paul BENDER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1972.

Attorney(s) appearing for the Case

Charles P. Carroll, Minneapolis, Minn., for appellant.

John M. Lee, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

David Paul Bender, upon waiver of a jury, was convicted for refusal to submit to induction into the Armed Forces of the United States in violation of 50 U. S.C.App. § 462. The trial court, 336 F.Supp. 763, held that since he had failed to appeal his I-A classification and thereby exhaust his administrative remedies within the Selective Service System he was precluded from obtaining judicial review of his...

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