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UNITED STATES v. McINTYRE

No. 4424.

4 F.2d 823 (1925)

UNITED STATES v. McINTYRE.

Circuit Court of Appeals, Ninth Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

John L. Slattery, U. S. Atty., and W. H. Meigs, Asst. U. S. Atty., both of Helena, Mont., and Francis A. Silver, Asst. U. S. Atty., of Butte, Mont. (Maj. Gen. J. A. Hull, Judge Advocate General, of Washington, D. C., of counsel), for the United States.

Lamb & Malloy, of Butte, Mont. (Dan T. Malloy, of Butte, Mont., of counsel), for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from an order of discharge on habeas corpus. June 5, 1917, the appellee registered for the draft, under Act May 18, 1917 (40 Stat. 76 [Comp. St. §§ 2019a, 2019b, 2044a-2044k]), at Butte, Mont., giving his home address as 7 West Pacific street, in that city. December 29, 1917, a questionnaire was mailed to him at that address, and was by him returned on January 5, 1918. The appellee was classified as class 1A, and...

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