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UNITED STATES v. SCHWENKE

No. 196, Docket 23341.

221 F.2d 356 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond W. SCHWENKE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 12, 1955.

Attorney(s) appearing for the Case

George C. Dix, New York City, for appellant.

Leonard P. Moore, Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., Brooklyn, N. Y., of counsel), for appellee.

Before FRANK and MEDINA, Circuit Judges, and BRENNAN, District Judge.

PER CURIAM.

Defendant is a native of Germany who has lived in the United States since he was three years old but who has never acquired American citizenship. In June, 1942, he duly registered under the Selective Service Act1 and, in November, 1942, he duly filed his draft questionnaire with Local Board No. 244. The Board ordered him to report for a physical examination. Defendant appeared at the examination center as ordered, but refused...

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