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UNITED STATES v. CHANDLER

Nos. 71-2656, 71-2657 Summary Calendar.

452 F.2d 95 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. William Edwin CHANDLER, Jr., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Marty Jay MARTINOLICH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 1971.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellant.

Victor Blackwell, Covington, La. (Court-appointed), for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

INGRAHAM, Circuit Judge:

This is an appeal by the United States from the dismissal of two criminal indictments.1 Since they raise identical issues, the cases have been consolidated on appeal.

The United States District Court for the Southern District of Mississippi dismissed two indictments charging appellees with violations of the Selective Service Act of 1967, 50 U.S.C.A. App. § 462 for failing to perform alternative civilian...

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