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UNITED STATES v. LEWIS

No. 73-2694 Summary Calendar.

492 F.2d 126 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Murphy Albert LEWIS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 24, 1974.

Attorney(s) appearing for the Case

Gerald Gallinghouse, U. S. Atty., Dennis Coleman Weber, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellant.

Clay J. Calhoun, Jr., Lynne C. Rothschild, John P. Nelson, Jr., New Orleans, La., for defendant-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 24, 1974.

PER CURIAM:

Murphy Albert Lewis was indicted for failing to report for and submit to induction in the Armed Forces in violation of 50 U.S.C.A. App. § 462(a). After an evidentiary hearing held on May 29, 1973, the district court granted a motion to dismiss the indictment because the local board had postponed Mr. Lewis' initial order to report for induction beyond the 120 day maximum permitted by 32...

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