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UNITED STATES v. WEINTRAUB

No. 464, Docket 33718.

429 F.2d 658 (1970)

UNITED STATES of America, Appellee, v. Mark WEINTRAUB, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 23, 1970.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City, (Rabinowitz, Boudin & Standard, New York City, Joan Goldberg, New York City, of counsel), for appellant.

Vincent J. Favorito, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., for the Eastern District of New York, of counsel), for appellee.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellant, a Selective Service registrant, convicted on trial to the court, jury having been waived, in the United States District Court for the Eastern District of New York, S. Hugh Dillin, Judge, of unlawfully failing and refusing to submit to induction into the Armed Forces of the United States, appeals on the ground that the order for induction was invalid because in violation of the order of call provision of the Act. We...

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