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BUTTECALI v. UNITED STATES

No. 10230.

130 F.2d 172 (1942)

BUTTECALI v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 19, 1942.

Attorney(s) appearing for the Case

Tom S. Williams, of Sulphur Springs, Tex., for appellant.

William R. Eckhardt, III., of Houston, Tex., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

HOLMES, Circuit Judge.

Pete Buttecali was convicted in the court below of failing to report for induction into the armed forces, in violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix § 311. The substance of his contention on appeal is that he is a duly ordained minister of the Watch Tower Bible and Tract Society; that as such minister he is entitled to a 4-D classification under the Act; that the draft board refused so to classify...

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