UNITED STATES v. ROTHFELDER

No. 72-1617.

474 F.2d 606 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Edmund Herman ROTHFELDER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1973.

Certiorari Denied June 25, 1973.


Attorney(s) appearing for the Case

Robert C. Greene, Asst. U.S. Atty., for plaintiff-appellant; John Milanowski, U.S. Atty., Grand Rapids, Mich., on brief.

M. Robert Carr, East Lansing, Mich. (Court Appointed), for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and MILLER, Circuit Judges.


Certiorari Denied June 25, 1973. See 93 S.Ct. 3066.

WEICK, Circuit Judge.

The Government has appealed under authority of 18 U.S.C. § 3731, as amended January 2, 1971, from the judgment of the District Court granting the defendant's pretrial motion to dismiss the indictment which charged him with wilfully failing to comply with an order of his Local Board to report for induction, in violation of 50 U.S.C. App. § 462. In passing upon the motion to...

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