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SUNAL v. LARGE

No. 5490.

157 F.2d 165 (1946)

SUNAL v. LARGE, Superintendent, Federal Prison Camp.

Circuit Court of Appeals, Fourth Circuit.

Writ of Certiorari Granted January 20, 1947.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y. (Horace S. Meldahl, of Charleston, W. Va., on the brief), for appellant.

Irving S. Shapiro, Atty., Department of Justice, of Washington D. C. (Theron L. Caudle, Asst. Atty. Gen., Leslie E. Given, U. S. Atty., of Charleston, W. Va., and Robert S. Erdahl, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before GRONER, Chief Justice, U. S. Court of Appeals for the District of Columbia, SOPER, Circuit Judge, and CHESNUT, District Judge.

CHESNUT, District Judge.

The appellant in this habeas corpus case, Theodore Martin Sunal, a Jehovah's Witness, was indicted, tried and convicted in the Western District of Pennsylvania under section 11 of the Selective Training and Service Act of 1940, 54 Stat. 894; 50 U.S. C.A. Appendix, § 311, for refusing induction into the Armed Forces of the United States after reporting for induction under an order of his Local Board, and being found physically fit upon...

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