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KALPAKOFF v. UNITED STATES

No. 13938.

217 F.2d 748 (1954)

Jack KALPAKOFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 26, 1955.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

Laughlin E. Waters, U. S. Atty., Mark P. Robinson, Manuel Real, Manley J. Bowler, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.

PER CURIAM.

Kalpakoff was indicted for refusing to report for induction as required by the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. Like the appellant in Mason v. United States, 9 Cir., 1954, 218 F.2d 375. Kalpakoff, after being ordered to report for induction, failed to do so and this prosecution followed.

As in the case of Mason, Kalpakoff first contends that there was no proof...

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