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UNITED STATES v. KIRSCHENMAN

No. 4149.

65 F.Supp. 153 (1946)

UNITED STATES v. KIRSCHENMAN.

District Court, D. South Dakota, S. D.

April 18, 1946.

Attorney(s) appearing for the Case

George Philip, U. S. Atty., and Leo P. Flynn, Asst. U. S. Atty., both of Sioux Falls, S. D., for United States.

Henry C. Mundt, of Sioux Falls, S. D., for defendant.

NORDBYE, District Judge. (Acting under assignment to the District of South Dakota).

Defendant waived a trial by jury in writing and the matter was tried to the Court. He contends that his classification in IV-E by the Board of Appeals of South Dakota was arbitrary and capricious, and that he should have been entitled to an agricultural deferment and classified as II-C. He asserts, therefore, that his induction order was...

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