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UNITED STATES v. GARDINER

69-CR-356.

310 F.Supp. 364 (1970)

UNITED STATES of America, Plaintiff, v. Charles Edward GARDINER, Defendant.

United States District Court, E. D. New York.

January 21, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., Brooklyn, N. Y., for plaintiff, Edward John Boyd, V, Brooklyn, N. Y., of counsel.

Herman Adlerstein, New York City, for defendant.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Upon completion of his non-jury trial for failure to submit to induction (50 U.S.C. App. § 462(a)), defendant moves for judgment of acquittal. For the reasons below, decision must be reserved and the matter remanded to the Selective Service System for further consideration, while this Court retains jurisdiction.

I. FACTS

Defendant, Charles Edward Gardiner, registered with his local Selective...

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