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UNITED STATES of America, Plaintiff-Appellee, v. Philip Dale SUPINA, Defendant-Appellant.

PER CURIAM:

The judgment of conviction against Philip Dale Supina for refusing to submit to induction (50 U.S.C.App. § 462) is reversed.

The record discloses that this is another one of those cases in which the registrant was processed for induction as a "delinquent" by his Local Board after he failed to report for his physical examination. United States v. Stow, 427 F.2d 891 (9th Cir. filed May 27, 1970); see United States v. Broyles, 427 F.2d 358 (9th Cir. filed June 8, 1970); United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970).

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UNITED STATES v. SUPINA
(Jun 22, 1970)