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UNITED STATES v. MARRIE

Crim. Nos. 72-298, 72-150 and 72-161.

358 F.Supp. 485 (1973)

UNITED STATES of America, Plaintiff, v. Bruce Paul MARRIE, Defendant. UNITED STATES of America, Plaintiff, v. Malcolm William ANDREWS, Defendant. UNITED STATES of America, Plaintiff, v. Robert James GAZDA, Defendant.

United States District Court, W. D. Pennsylvania.

April 25, 1973.

Attorney(s) appearing for the Case

Blair Griffith, First Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Michael P. Malakoff, and Marjorie H. Matson, Pittsburgh, Pa., for defendants.

OPINION

DUMBAULD, District Judge.

In airline parlance, the interesting question is presented here whether a draft board may utilize "overbooking" in order to offset anticipated "no-shows." Two of the three defendants were indeed "no-shows", as the briefs describe them; they utterly and completely failed and neglected to report for induction pursuant to orders of the board. They did not, as some draftees (including...

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