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McGAHEE v. UNITED STATES

No. 11950.

163 F.2d 875 (1947)

McGAHEE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied November 24, 1947.

Attorney(s) appearing for the Case

Grover C. Powell, of Atlanta, Ga., and Jack D. Evans, of Thomson, Ga., for appellant.

J. Saxton Daniel, U. S. Atty, of Savannah, Ga., and T. Reuben Burnside, Sp. Asst. to U.S. Atty., of Augusta Ga., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

It will serve no useful purpose to set out the facts of the case or to canvass appellant's contentions with respect to them, for it is quite plain that appellant had not exhausted his administrative remedies and was not entitled to interpose the defense of wrongful classification, Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305. United States v. Balogh, 2 Cir.,...

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