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UNITED STATES v. LONSTEIN

No. 242, Docket 30666.

370 F.2d 318 (1966)

UNITED STATES of America, Appellee, v. Allen Zane LONSTEIN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 15, 1966.

Attorney(s) appearing for the Case

Morton S. Robson, Marshall, Bratter, Greene, Allison & Tucker, New York City (Ben Carter, New York City, of counsel), for appellant.

Paul K. Rooney, New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, John A. Stichter, Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

PER CURIAM.

Section 6(c) (2) (A) of the Universal Military Training and Service Act, 50 U.S.C. App. § 456(c) (2) (A), provides, with an exception not here material, that any person who "prior to attaining the age of twenty-six years and prior to the issuance of orders for him to report for induction, enlists or accepts appointment in the Ready Reserve of any reserve component of the Armed Forces * * * shall be deferred from training and service under this Act...

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