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EX PARTE YOST

Civil Action No. 3558-H.

55 F.Supp. 768 (1944)

Ex parte YOST. UNITED STATES ex rel. RUSSELL v. LAWRENCE, Commanding Officer of the Infantry Replacement Training Center, Camp Roberts, Cal.

District Court, S. D. California, Central Division.

June 6, 1944.

Attorney(s) appearing for the Case

A. L. Wirin and J. B. Teitz, both of Los Angeles, Cal., for petitioner and relator.

Charles H. Carr, U. S. Atty., and James M. Carter, Asst. U. S. Atty., both of Los Angeles, Cal., for respondent.

YANKWICH, District Judge (after stating the facts as above).

Two questions call for decision. The first is whether the process of induction was completed and the petitioner is in the Army. The second is whether, assuming that he is in the Army, the failure of Local Board No. 1, Coos County, Oregon, located at Marshfield, to classify him as a minister was an arbitrary and capricious act unsupported by substantial evidence.

In determining both issues, it is...

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