Ib Otto Astrup, and v. Immigration & Naturalization Service

432 F.2d 438
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 18, 1971
Docket23859_1
StatusPublished

This text of 432 F.2d 438 (Ib Otto Astrup, and v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ib Otto Astrup, and v. Immigration & Naturalization Service, 432 F.2d 438 (9th Cir. 1971).

Opinion

PER CURIAM:

The decision and order of the district court denying citizenship to Astrup is affirmed. We believe that he is concluded by Lapenieks v. Immigration and Naturalization Service, 9 Cir., 389 F.2d 343, cert. den. 391 U.S. 951, 88 S.Ct. 1846, 20 L.Ed.2d 864.

He made a considered decision initially to claim his alienage as a ground for avoiding military service. We believe the situation should be tested as of the time his claim was made.

District Judge PLUMMER dissents for the reasons stated by Judge Duniway in his dissent in Lapenieks.

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432 F.2d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ib-otto-astrup-and-v-immigration-naturalization-service-ca9-1971.