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KEMP v. UNITED STATES

No. 25675.

415 F.2d 1185 (1969)

Donathan Garvin KEMP, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 26, 1969.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for appellant.

Charles L. Goodson, U. S. Atty., Charles B. Lewis, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.

WILLIAM M. TAYLOR, Jr., District Judge:

Appellant was convicted in the United States District Court for the Northern District of Georgia for violation of the Universal Military Training & Service Act, 50 U.S.C. App. § 462, for failure to comply with an order of his local Selective Service Board to submit to induction into the Armed Forces of the United States. His refusal to so submit was predicated on his contention that he was a conscientious objector....

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