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UNITED STATES v. NELSON

No. 72-2383.

476 F.2d 254 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. William Walter NELSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 12, 1973.

Attorney(s) appearing for the Case

John Herbert (argued), San Francisco, Cal., for defendant-appellant.

James H. Daffer, Asst. U. S. Atty. (argued), James L. Browning, John Cooney, F. Steele Langford, Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and BURNS, District Judge.

PER CURIAM:

Nelson appeals his conviction under 50 U.S.C. App. § 462(a) for refusal to submit to induction in the armed services. We reverse.

Nelson filed his request for classification as a conscientious objector on December 4, 1968. On December 16 his local board classified him I-A. On January 20, 1969, Nelson appeared personally before the board. The board refused to reopen on the ground that Nelson's claim

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