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UNITED STATES v. MERCADO

No. 838, Docket 73-1282.

478 F.2d 1108 (1973)

UNITED STATES of America, Appellee, v. Ralph MERCADO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 10, 1973.

Attorney(s) appearing for the Case

George E. Wilson, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., and Richard J. Davis, Asst. U. S. Atty., of counsel), for appellee.

Steven J. Hyman, New York Civil Liberties Union, New York City, for defendant-appellant.

Before FRIENDLY, Chief Judge, HAYS, Circuit Judge, and JAMESON, District Judge.

PER CURIAM:

Appellant Ralph Mercado was ordered by his local draft board to report for induction on April 5, 1971. He appeared but refused induction despite being advised by induction center officials that this was a felony, claiming for the first time that he was a conscientious objector. Upon receiving notification that Mercado had refused to step forward on this ground, his local board prepared to consider his claim, as it was required to do under this court's...

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