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UNITED STATES v. HERSHEY

No. 71-1078.

451 F.2d 1007 (1971)

UNITED STATES of America v. James Robert HERSHEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 28, 1971.

Attorney(s) appearing for the Case

Dale Hershey, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellant.

David M. Curry, Asst. U. S. Atty., Pittsburgh, Pa. (Richard L. Thornburgh, U. S. Atty., Blair A. Griffith, First Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before VAN DUSEN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from a judgment of conviction for violation of the Military Selective Service Act of 1967, 50 U.S.C. App. § 462(a). Appellant was sentenced to five years imprisonment for refusing to submit to induction. He was a registrant with Local Board No. 11, Pittsburgh, Pennsylvania. On September 13, 1968 he requested a change in classification to I-O, conscientious objector, and was furnished a SSS...

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