UNITED STATES v. NOONAN

No. 18031.

434 F.2d 582 (1970)

UNITED STATES of America v. Gregory Paul NOONAN, Appellant.

United States Court of Appeals, Third Circuit.

Reargued September 28, 1970.

Decided November 18, 1970.


Attorney(s) appearing for the Case

Marjorie Hanson Matson, Pittsburgh, Pa., for appellant.

Bernhard Schaffler, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.


Argued Jan. 6, 1970

Before BIGGS, ALDISERT and STAHL, Circuit Judges.

Reargued Sept. 28, 1970

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Following the first argument of this appeal from a conviction of refusal to submit to induction, we decided, based on the de facto reopening theory of Miller v. United States, 388 F.2d 973

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