UNITED STATES v. GEAREY

No. 519, Docket 31403.

379 F.2d 915 (1967)

UNITED STATES of America, Appellee, v. David Arthur GEAREY, Appellant.

United States Court of Appeals Second Circuit.

Decided July 3, 1967.


Attorney(s) appearing for the Case

Marvin M. Karpatkin (Rhoda H. Karpatkin, Karpatkin, Ohrenstein & Karpatkin, New York City, on the brief), for appellant.

Paul K. Rooney, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, John S. Allee, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge.

We previously vacated the conviction of David Arthur Gearey for refusing to submit for induction into the armed forces, in violation of 50 U.S.C. App. § 462(a), and remanded the case to the District Court for a hearing on areas that were in need of elucidation. 368 F.2d 144 (1966). Judge Murphy, who had been the trial judge, conducted the hearing. Thereafter, he reinstated Gearey's conviction...

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