UNITED STATES v. LEMMENS

No. 18061.

430 F.2d 619 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Archie LEMMENS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

August 4, 1970.


Attorney(s) appearing for the Case

Jack N. Eisendrath, Milwaukee, Wis., for defendant-appellant.

David J. Cannon, U. S. Atty., Richard E. Reilly, Terry E. Mitchell, Asst. U. S. Attys., Milwaukee, Wis., for plaintiff-appellee.

Before CLARK, Associate Justice, Retired, SWYGERT, Chief Judge, and FAIRCHILD, Circuit Judge.


FAIRCHILD, Circuit Judge.

Philip Lemmens appeals from a conviction of failure to report for induction. He challenges the validity of the board's order on several procedural grounds, and on the ground that the board was unlawfully constituted. He also asserts that there was no basis in fact for 1-A classification and rejection of his claim as conscientious objector. We conclude that the latter challenge has merit, and do not decide the others.

Lemmens registered...

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