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UNITED STATES v. BALDRIDGE

No. 71-1210.

454 F.2d 403 (1972)

UNITED STATES of America, Appellee, v. Warren Scott BALDRIDGE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided January 28, 1972.

Attorney(s) appearing for the Case

Harvey A. Silverglate, Boston, Mass., with whom Daniel Klubock and Zalkind, Klubock & Silverglate, Boston, Mass., were on brief, for appellant.

Robert B. Collings, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Senior Circuit Judge, and COFFIN, Circuit Judge.

COFFIN, Circuit Judge.

Appellant Warren Scott Baldridge was convicted in a jury-waived trial of refusing to submit to induction in violation of 50 U.S.C. App. § 462(a). On appeal, he urges primarily that his local board, in refusing to reopen his I-A classification to consider his request to be placed in Class II-A as a Peace Corps volunteer, violated the mandate of 32 C.F.R. § 1625.2, which was construed to be binding on local boards in Mulloy v. United...

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