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UNITED STATES v. GERIN

No. 72-1368.

464 F.2d 492 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Michael GERIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 4, 1972.

Attorney(s) appearing for the Case

Phillip B. Patton (argued), Santa Cruz, Cal., for defendant-appellant.

Frederick Tilton, Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and WILLIAMS, District Judge.

DAVID W. WILLIAMS, District Judge:

After several classifications and reclassifications by his local board, Thomas Gerin was finally classified 1-A on October 6, 1969 and after his appeal on medical grounds was denied, he was on May 20, 1970 issued an order to report for induction on June 17, 1970. This induction date was later postponed to permit a review of his physical fitness for service and while that petition was pending, the registrant filed a request to be...

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