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UNITED STATES v. ESTEP

No. 8810.

150 F.2d 768 (1945)

UNITED STATES v. ESTEP.

Circuit Court of Appeals, Third Circuit.

Reargued May 31, 1945.

Decided July 6, 1945.

Writ of Certiorari Granted October 8, 1945.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y., for appellant.

George Mashank, Asst. U. S. Atty., of Sharon, Pa., and Irving Shapiro, of Washington, D. C. (Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., on the brief), for appellee.

Before PARKER, BIGGS, MARIS, GOODRICH, and McLAUGHLIN, Circuit Judges, and LEAHY, District Judge.

Reargued before Court en Banc May 31, 1945.

Writ of Certiorari Granted October 8, 1945. See 66 S.Ct. 52.

GOODRICH, Circuit Judge.

Defendant, Estep, one of Jehovah's Witnesses, was indicted for failure to obey an order of his local board directing him to appear and be inducted into the United States Navy, 50 U.S.C.A. Appendix, § 311, and was found guilty. Estep had appeared at the induction center, after having been examined and found acceptable...

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