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NICHOLSON v. UNITED STATES

Nos. 10778, 10791.

141 F.2d 981 (1944)

NICHOLSON v. UNITED STATES. LOWERY v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1944.

Attorney(s) appearing for the Case

J. Malcolm Johnson, Jr., of Miami, Fla., for appellants.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Ernest L. Duhaime, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

The appellants each claimed they were ministers of religion in registering, but after due appeals were classified as conscientious objectors by their draft boards, and ordered to report for work of national importance under civilian direction. They each declined to do so, and were indicted. They sought on their trials in several ways to controvert the classification given them, and to establish their exemption from the jurisdiction of the draft boards...

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