UNITED STATES v. KEEGAN

No. 53.

141 F.2d 248 (1944)

UNITED STATES v. KEEGAN et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted May 15, 1944.


Attorney(s) appearing for the Case

Wilbur V. Keegan, of New York City, pro se.

John F. X. Finn, of New York City, for appellants Kunze, Klapprott, Schwinn, Fentzke, Rapp, Weiss, Wendlandt and Streuer.

Theodore Kiendl, of New York City (William H. Timbers, of New York City, of counsel), for appellants Christoph, Fitting and Kunz.

George S. Leisure, of New York City (E. Compton Timberlake, of New York City, of counsel), for appellants Agne, Borchers and Knupfer.

Joab H. Banton, of New York City, for appellants Belohlavek, Ottersbach and Schatz.

George C. Norton, of New York City, for appellants Bregler and Berg.

Albert C. Rothwell, of New York City, for appellants Bachmaier and Schneller.

Leo C. Fennelly, of New York City, for appellant Elmer.

Harold W. Hastings, of New York City, for appellant Willumeit.

James B. M. McNally, U.S. Atty., of New York City (Peter J. Donoghue, Louis Bender, and John C. Hilly, Asst. U. S. Attys., all of New York City, George Jaffin, Sp. Atty., Department of Justice, of Washington, D. C., of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


Writ of Certiorari Granted May 15, 1944. See 64 S.Ct. 1143.

AUGUSTUS N. HAND, Circuit Judge.

It is argued on behalf of several appellants that Section 11, 50 U.S.C.A. § 311, of the Selective Training and Service Act, under which the indictments were laid, is unconstitutional because of the provisions of Section 8(i) in which Congress declared as a policy that a vacancy caused in employment by reason of induction of an employee into the service of the...

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