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UNITED STATES v. McCREERY

No. 72-1457.

473 F.2d 1381 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Gerald Edward McCREERY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit,

Decided February 2, 1973.

Attorney(s) appearing for the Case

John O. Olson, U. S. Atty., Eric J. Wahl, Asst. U. S. Atty., Madison, Wis., for plaintiff-appellant.

David Heitzman, Madison, Wis., for defendant-appellee.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and STEVENS, Circuit Judge.

STEVENS, Circuit Judge.

Defendant was indicted on March 24, 1971, for failing to report for induction on August 7, 1968. Pursuant to defendant's discovery motion, on February 11, 1972, the district court ordered the government to produce Selective Service System form 261 for June 13, 1968, and SSS forms 200 and 201 for three months prior to the issuance of defendant's order to report for induction. The purpose of the discovery order was to give defendant the opportunity...

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