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UNITED STATES v. GERSTLE

No. 73-1298.

484 F.2d 454 (1973)

UNITED STATES of America, Appellee, v. Richard David GERSTLE, Appellant.

United States Court of Appeals, Ninth Circuit.

September 6, 1973.

Attorney(s) appearing for the Case

Sull Lawrence (argued), Beverly Hills, Cal., for appellant.

John W. Cameron, Asst. U. S. Atty. (argued), Robert L. Meyer U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL and WALLACE, Circuit Judges, and CONTI, District Judge.

CONTI, District Judge.

Defendant, in this selective service case, was convicted after court trial on two counts of refusal to submit to induction, and has appealed.

Defendant was classified I-A in December, 1970, and did not appeal that classification. On April 6, 1971, he was mailed an order to report for induction on April 20, 1971. He filed a Form 150 for Conscientious Objectors on April 16, 1971. His induction was then postponed until June, 1971. On April...

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