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UNITED STATES v. MESSINGER

No. 700, Docket 33399.

413 F.2d 927 (1969)

UNITED STATES of America, Appellee, v. Irwin Ira MESSINGER, Appellant.

United States Court of Appeals Second Circuit.

Decided July 23, 1969.

Attorney(s) appearing for the Case

Elihu Inselbuch, New York City (Robert Layton, Richard E. Landau, Gilbert, Segall & Young, New York City, and Alan H. Levine, New York City, of counsel), for appellant.

Jerome C. Ditore, Asst. U. S. Atty. (Vincent T. McCarthy, U. S. Atty. for the Eastern District of New York, of counsel), for appellee.

Before HAYS and FEINBERG, Circuit Judges and JAMESON, District Judge.

HAYS, Circuit Judge:

Irwin Ira Messinger appeals from a judgment of the United States District Court for the Eastern District of New York convicting him, after a trial without a jury, on one count of refusing to submit to induction into the armed forces, in violation of 50 U.S.C. App. § 462(a) (Supp. IV 1965-68).

We reject appellant's claim that he was improperly refused classification as a conscientious objector, and affirm the judgment.

I....

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