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UNITED STATES v. CLAY

No. 28252.

430 F.2d 165 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Cassius Marsellus CLAY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied August 19, 1970.

Attorney(s) appearing for the Case

Charles Morgan, Jr., Reber F. Boult, Jr., Atlanta, Ga., Chauncey Eskridge, Chicago, Ill., M. W. Plummer, Houston, Tex., for defendant-appellant; Melvin L. Wulf, Eleanor Holmes Norton, New York City, of counsel.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee; Joseph J. Connolly, Michael T. Epstein, Attys., Dept. of Justice, of counsel.

Jack Greenberg, James M. Nabrit, III, Jonathan Shapiro, Elizabeth B. DuBois, New York City, amicus curiae.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied August 19, 1970.

AINSWORTH, Circuit Judge.

This Selective Service case involves the conviction by a jury on June 20, 1967 of Cassius Marsellus Clay, Jr., also known as Muhammad Ali, former professional heavyweight boxing champion of the world, for wilfully refusing to be inducted into the Armed Forces of the United States, in violation of 50 U.S.C. App. § 462, and is before us for the second time.

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