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UNITED STATES v. PONTO

Nos. 18396, 18874.

454 F.2d 657 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Victor PONTO, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Raymond J. GROCHOWSKI, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Issued December 28, 1971.

Attorney(s) appearing for the Case

David J. Cannon, U. S. Atty., Milwaukee, Wis., James R. Thompson, U. S. Atty., Jeffrey Cole, Richard F. Sprague, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellant.

Sander N. Karp, Bryan J. Borman, Milwaukee, Wis., Gerald M. Werksman, Chicago, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge and KILEY, FAIRCHILD, CUMMINGS, KERNER, PELL, STEVENS and SPRECHER, Circuit Judges.

KERNER, Circuit Judge.

A.

United States of America v. Richard Victor Ponto

The defendant, Richard Ponto, was indicted for refusing to submit to induction into the Armed Forces. 50 U.S.C. App. § 462. Prior to trial, the district court granted the defendant's motion "to dismiss the indictment or for a directed judgment of acquittal." The government appealed.

A three-judge panel of this court...

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