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UNITED STATES v. EBERHARDT

Nos. 12471, 12492, 12499, 12503.

417 F.2d 1009 (1969)

UNITED STATES of America, Appellee, v. David EBERHARDT, Appellant. UNITED STATES of America, Appellee, v. Thomas LEWIS, Appellant. UNITED STATES of America, Appellee, v. Philip BERRIGAN, Appellant. UNITED STATES of America, Appellee, v. James MENGEL, Appellant.

United States Court of Appeals Fourth Circuit.

Decided October 15, 1969.

Attorney(s) appearing for the Case

Fred E. Weisgal, Baltimore, Md. (court-appointed counsel), for appellants.

Barnet D. Skolnik, Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., and Donald E. Sharp, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

For approximately one week the four appellants, Father Philip Berrigan, Thomas Lewis, David Eberhardt and Reverend James Mengel, planned the acts for which they stand convicted. Then on October 26, 1967, they extracted a small quantity of blood from each of them and placed it in a number of pint-sized bottles. On the morning of October 27, they added a quantity of animal blood so as to increase the total volume to approximately three pints...

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