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UNITED STATES v. GROSS

No. 71 Cr. 963.

340 F.Supp. 1337 (1972)

UNITED STATES of America v. Martin Daniel GROSS, Defendant.

United States District Court, S. D. New York.

March 6, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for the United States by George E. Wilson, New York City, of counsel.

Barry Satlow, New York City, for defendant.

GURFEIN, District Judge.

This is a motion under Rule 12 of the Federal Rules of Criminal Procedure to dismiss Count two of the indictment charging violations of the Selective Service Law (50 App. U.S.C. § 462(a); 32 C.F.R. 1628.16, 1632.14). The indictment is in two counts. The first count charges that the defendant, a registrant, unlawfully failed to report for his Armed Forces physical examination. The second count charges that the defendant unlawfully failed...

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