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CHIH CHUNG TUNG v. UNITED STATES

No. 3904.

142 F.2d 919 (1944)

CHIH CHUNG TUNG v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

April 4, 1944.

Attorney(s) appearing for the Case

Chih Chung Tung, pro se.

Thomas P. O'Connor, Asst. U. S. Atty., and Edmund J. Brandon, U. S. Atty., both of Boston, Mass., for appellee.

Alfred A. Albert, of Boston, Mass., for Civil Liberties Union of Massachusetts, amicus curiæ.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a judgment sentencing the defendant to a term of imprisonment after he had been found guilty by the court below (the defendant waived his right to trial by jury and the United States Attorney assented) of knowingly failing to perform a duty imposed upon him by the Selective Training and Service Act of 1940, 54 Stat. 885, 50 U.S.C.A. Appendix, § 301 et seq., to wit: refusing to comply with an order to report for...

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