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UNITED STATES of America, Appellee, v. Roger Zaylor MASON, Appellant.

PER CURIAM:

Roger Zaylor Mason was granted ministerial exemption from the draft as a Pioneer of the Jehovah's Witness sect. When he ceased his activity as a Pioneer and listed his principal occupation as automobile mechanic the Board reclassified him 1 A, and subsequently accorded him classification as a conscientious objector. Upon his refusal to report for civilian work in lieu of military service he was charged and convicted of a violation of 50 U.S.C.A. App. 456(j) and 462(a), and appeals.

We agree with the district judge that there was a basis in fact for re-classification, and that the Board did not abuse its discretion in declining defendant's request to re-open and consider anew its final 1-O classification.

Affirmed.

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UNITED STATES v. MASON
(Apr 11, 1969)