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UNITED STATES v. VAN HOOK

No. 12967.

284 F.2d 489 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Peter VAN HOOK, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied, January 10, 1961.

Attorney(s) appearing for the Case

Francis Heisler, Mark L. Schwartzman, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., S. John Templeton, Jr., Asst. U. S. Atty., Chicago, Ill., for appellee. John Peter Lulinski, Howard R. Kaufman, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, KNOCH, Circuit Judge, and MERCER, District Judge.

Rehearing Denied, En Banc, January 10, 1961.

KNOCH, Circuit Judge.

Defendant was indicted for felonious refusal to submit to induction in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. He pleaded not guilty and waived trial by jury. The District Court found defendant guilty and sentenced him to imprisonment for three years. Defendant brought this appeal.

The order to report for induction was based...

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