UNITED STATES v. NEHAS

Crim. A. No. 73-117.

368 F.Supp. 435 (1973)

UNITED STATES of America, Plaintiff, v. Ronald James NEHAS, Defendant.

United States District Court, W. D. Pennsylvania.

December 28, 1973.


Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., for plaintiff.

Michael P. Malakoff, Berger & Kapetan, Pittsburgh, Pa., for defendant.


OPINION

DUMBAULD, District Judge.

A defendant charged with failure to undergo a psychiatric examination directed by his draft board in violation of 50 U.S.C. App. 462(a) has timely filed an affidavit of bias, duly certified by counsel, under 28 U.S.C. 144.1 That section provides:

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter...

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