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UNITED STATES v. FINDLEY

No. 7765.

439 F.2d 970 (1971)

UNITED STATES of America, Appellant, v. Michael Stephen FINDLEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

William B. Cullimore, Asst. U. S. Atty., with whom David A. Brock, U. S. Atty., was on brief, for appellant.

Gerald R. Prunier, Nashua, N. H., with whom Leonard, Leonard, Prolman & Prunier, Nashua, N. H., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an appeal by the government from the dismissal of an indictment. The facts are these. Defendant, classified I-A by his local Selective Service Board, was ordered to report for induction on June 24, 1969. After receipt of this notification, he requested SSS Form 150, seeking a conscientious objector classification, which he completed and returned to the Board on June 2. The Board thereafter wrote him as follows.

"This letter is...

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