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YATES v. UNITED STATES

No. 7117.

407 F.2d 50 (1969)

Richard D. YATES, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided February 14, 1969.

Attorney(s) appearing for the Case

Robert S. Frank, Jr., Boston, Mass., by appointment by the Court, with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for appellant.

John Wall, Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., and Edward F. Harrington, Asst. U. S. Atty., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM.

On December 13, 1968, we rendered our decision in Yates v. United States, 404 F.2d 462 (1st Cir. 1968), affirming appellant's conviction for refusal to submit to induction in the armed forces.

By petition for rehearing defendant asks that we reconsider our prior holding relating to two issues — order of call and custodianship of selective service files.

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