U.S. Court of Appeals for the Ninth Circuit, 1955

Earl Barton Duron v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided April 7, 1955 · Stephens, Fee, Walsh

221 F.2d 187; 1955 U.S. App. LEXIS 3493 (Federal Reporter, Second Series)

Counsel

J. B. Tietz, Los Angeles, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant., Laughlin E. Waters, U. S. Atty., Hiram W. Kwan, Manley J. Bowler, Manuel L. Real, Louis Lee Abbott, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Jasmagy (United States District Court for the Southern District of California 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellant here contends that his conviction of violating the Universal Military Training and Service Act by knowingly failing and refusing to submit to induction into the armed forces of the United States must be reversed because *188 the appeal board in his case failed to give him an opportunity to answer adverse recommendations of the Department of Justice before finally classifying him. Appellant’s contention must be sustained. Gonzales v. United States, 75 S.Ct. 409; Bradley v. United States, 75 S.Ct. 532.

Accordingly, the judgment of the Court below is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.