United States v. Ernest Stephen Brown

KILKENNY, Circuit Judge (dissenting) :

In Briggs v. United States, 397 F.2d 370 (9th Cir. 1968), the case on which the majority relies, the inductee received no physical inspection whatsoever. Here, the appellant was not denied a physical inspection. The medical examiner reviewed appellant’s previous medical examination reports, observed the appellant and determined from his own observation and questioning that appellant was in the same physical condition as he was at the time of the original physical examination and was physically qualified for induction. In these circumstances, the failure…