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UNITED STATES v. KENNY

No. 166, Docket 24294.

247 F.2d 139 (1957)

UNITED STATES of America, Appellant, v. Patrick KENNY, Appellee.

United States Court of Appeals Second Circuit.

Decided August 8, 1957.

Attorney(s) appearing for the Case

Margaret E. Millus, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Leonard P. Moore, U. S. Atty., E.D.N.Y., Brooklyn, N. Y., on the brief), for appellant.

Joseph L. Andrews, New York City (Spar, Schlem & Burroughs, New York City, on the brief), for appellee.

Paul O'Dwyer (of O'Dwyer & Bernstein), New York, N. Y., for Irish Institute, Inc., amicus curiæ.

Before HINCKS, LUMBARD, and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

On December 29, 1949, Patrick Kenny arrived in the United States from his native Ireland and was admitted as a resident alien. In March 1951, he registered for the draft. In May 1951, he enlisted in the New York National Guard. In December of that year he was examined, found acceptable for the draft and classified I-A. In January 1952 he was called for induction but his induction was postponed to January 16, 1953 because of his membership in...

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