
    UNITED STATES of America, Appellee, v. Gregory John WARD, Appellant.
    No. 26667.
    United States Court of Appeals, Ninth Circuit.
    Aug. 18, 1971.
    Frank H. Retman (argued), of MacDonald, Hoague & Bayless, Seattle, Wash., for appellant.
    Susan L. Barnes (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.
    Before JERTBERG, ELY, and KIL-KENNY, Circuit Judges.
   PER CURIAM:

Ward appeals his conviction for failing to submit to induction into the Armed Forces, in violation of 50 U.S.C. App. § 462. We reverse.

In its brief the Government admits that Ward’s SSS Form 150 stated a prima facie claim for a conscientious objection (I-O) classification and that the State Selective Service Director ordered the local board to reopen Ward’s classification. See 32 C.F.R. § 1625.3. There was never a reopening, and no reasons were given for the denial of the conscientious objector claim prior to the final notice of induction. Furthermore, we cannot see a basis in fact for denying the 1-0 claim that Ward presented.

Upon remand, the indictment will be dismissed.

Reversed, with directions.  