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UNITED STATES v. GRIGLIO

No. 72-1039.

467 F.2d 572 (1972)

UNITED STATES of America, Appellee, v. Barry Williams GRIGLIO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Edward F. Haber, Boston, Mass., by appointment of the court, for appellant.

Robert B. Collings, Asst. U. S. Atty., with whom Joseph L. Tauro, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and HAMLEY, Senior Circuit Judge.

COFFIN, Chief Judge.

Appellant Barry Griglio was convicted of failure to submit to induction in violation of 50 U.S.C. App. § 462. The facts were not in dispute. Appellant relied on the order-of-call defense, asserting that his local board had called him ahead of older registrants who were improperly by-passed, in violation of 32 C.F.R. § 1631.7. United States v. Griglio, 334 F.Supp. 1283 (D.Mass.1971). We have previously...

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