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UNITED STATES v. AYALA

No. 71-2850.

465 F.2d 464 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Michael AYALA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 29, 1972.

Attorney(s) appearing for the Case

Martha Goldin, of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

William John Rathje, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Elgin Edwards, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and DUNIWAY, Circuit Judges, and ANDERSON, District Judge.

DUNIWAY, Circuit Judge:

Ayala was charged in a four-count indictment with violations of 50 U.S.C. App. § 462. The charges were: Count One, that Ayala secured disqualification for military service by falsely representing that he was undergoing active orthodontic treatment; Count Two, that he knowingly caused a false, improper and incorrect physical examination to be made at the Armed Forces Examination and Entrance Station by making the same false representation...

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