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UNITED STATES v. McFADDEN

Crim. No. Cr. 69-152.

309 F.Supp. 502 (1970)

UNITED STATES of America, Plaintiff, v. James Francis McFADDEN, Defendant.

United States District Court, N. D. California.

February 20, 1970.

Attorney(s) appearing for the Case

Athearn, Chandler & Hoffman, Richard Harrington, San Francisco, Cal., for defendant.

Cecil F. Poole, U. S. Atty., F. Steele Langford, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

ORDER GRANTING MOTION TO DISMISS

ZIRPOLI, District Judge.

James McFadden has been charged by indictment with refusal to submit to induction under 50 U.S.C. App. § 462.1 He moved to dismiss the indictment pursuant to Rule 122 of the Federal Rules of Criminal Procedure because it is based on Section 6(j)3 of the Selective

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