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AKLIN v. UNITED STATES

No. 62, Docket 28801.

340 F.2d 746 (1965)

Paul Werner AKLIN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 15, 1965.

Attorney(s) appearing for the Case

Morris Elder Vogel, New York City, for petitioner-appellant.

Jerome C. Ditore, Asst. U. S. Atty., New York City (Joseph P. Hoey, U. S. Atty., for Eastern District of New York, George L. Barnett, Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Aklin, a Swiss citizen, arrived in the United States in 1939 and on April 17, 1941, declared his intent to become a United States citizen. On October 13, 1941, he was inducted by the Selective Service System into the United States Armed Forces. At the date of Aklin's induction, section 3(a) of the Selective Service Act of 1940, 54 Stat. 885, 50 U.S.C. App. § 303(a),*

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