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COMSTOCK v. UNITED STATES

No. 22631.

419 F.2d 1128 (1969)

Peter F. COMSTOCK; Ann Fetter; Sue D. Gottfried; Irwin R. Hogenauer and Selma Waldman, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearings Denied January 15, 1970 and January 19, 1970.

Attorney(s) appearing for the Case

Ronald Meltzer (argued), Francis Hoague, Michael Rosen, Seattle, Wash., for appellants.

John M. Darrah (argued), Asst. U. S. Atty., Eugene G. Cushing, Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before BARNES and MERRILL, Circuit Judges, and McNICHOLS, District Judge.

MERRILL, Circuit Judge.

This appeal is taken from conviction under the Assimilative Crimes Act, 18 U. S.C. §§ 7, 13, of the crime of unlawful assembly as defined by Washington state law, R.C.W. 9.27.060(2). Appellants attack the Washington statute as unconstitutional.

Appellants do not contend that the conduct with which they are charged was constitutionally protected.1 Whether

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