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UNITED STATES v. HOEPKER

Nos. 11336, 11337, 11346.

223 F.2d 921 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Armand Fred HOEPKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Walter Gail THOMAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward L. SMITH, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 14, 1955.

Attorney(s) appearing for the Case

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

C. M. Raemer, U. S. Atty., East St. Louis, Ill., John Morton Jones, Asst. U. S. Atty., Danville, Ill., for appellee.

Before DUFFY, Chief Judge, and LINDLEY and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Defendants were adjudged guilty as charged in separate indictments of violating the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., in that each had refused to perform certain civilian work to which he had been assigned by his local board.

The facts in all three cases are essentially the same. Each defendant, on his application, was classified I-O, (conscientiously...

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