Ib Otto Astrup, and v. Immigration & Naturalization Service

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.