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UNITED STATES v. SCHULTZ

Crim. No. 31667.

150 F.Supp. 303 (1956)

UNITED STATES of America, Plaintiff, v. Wilbert Charles SCHULTZ, Jr., Defendant.

United States District Court N. D. New York.

August 17, 1956.

Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., Richard E. Bolton, Asst. U.S. Atty., Troy, N. Y., of counsel, for the United States.

Hayden C. Covington, Brooklyn, N. Y., for defendant.

BRENNAN, Chief Judge.

The existence of procedural due process in the action of the draft board in classifying the registrant defendant is the disputed point involved in this trial.

Wilbert Charles Schultz, Jr., was brought to trial before the Court on an indictment which charges a violation of the Universal Military Training and Service Act of 1948, as amended, in that he failed and refused to report for civilian work at Marcy State Hospital at

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