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UNITED STATES v. PHILBROOK

No. 3-71-Cr-181.

337 F.Supp. 70 (1972)

UNITED STATES of America, Plaintiff, v. Burnham John PHILBROOK, Defendant.

United States District Court, D. Minnesota, Third Division.

February 10, 1972.

Attorney(s) appearing for the Case

Robert G. Renner, U. S. Atty., and Joseph T. Walbran, Asst. U. S. Atty., Minneapolis, Minn., for plaintiff.

Donald J. Heffernan, St. Paul, Minn., for defendant.

MEMORANDUM and ORDER

DEVITT, Chief Judge.

The determinative issue in this jury waived criminal action is whether a sufficient record has been developed to enable the Court to determine that there was basis in fact supporting defendant's reclassification by his local Selective Service Board.1

Defendant was indicted on November 24, 1971 for failing to comply with an order of his local board to submit to induction. The facts...

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