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UNITED STATES v. CLOSE

No. 11085.

215 F.2d 439 (1954)

UNITED STATES v. CLOSE.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 28, 1954.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., Victor F. Schmidt, Columbus, Ohio, for appellant.

Jack C. Brown, U. S. Atty., Indianapolis, Ind., Stephen Leonard, Asst. U. S. Atty., Anderson, Ind., William H. Sparrenberger, Asst. U. S. Atty., Robert J. Wilson, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before MAJOR, Chief Judge, and SWAIM and SCHNACKENBERG, Circuit Judges.

SWAIM, Circuit Judge.

The defendant, Ernest F. Close, was convicted of violating the Universal Military Training and Service Act, 50 U.S. C.A.Appendix, § 451 et seq., by refusing to submit to induction into the armed services of the United States. In this appeal the defendant contends that his final classification of I-A (available for military training and service), under which he was ordered to submit to induction, was invalid and that, therefore, his refusal...

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