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UNITED STATES v. GARST

132 F.Supp. 93 (1953)

UNITED STATES of America, Plaintiff, v. James Delany GARST, Defendant.

United States District Court S. D. New York.

April 9, 1953.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, for United States (Daniel H. Greenberg, Asst. U. S. Atty., New York City, of counsel).

Joseph G. Glass, New York City, for defendant.

LEIBELL, District Judge.

The defendant, Garst, was indicted by a Grand Jury of this Court for a violation of the Universal Military Training and Service Act, T. 50 Appendix, U.S.C.A. § 462. The indictment, No. 139/324, charged that on July 17, 1952, in this district the defendant "did unlawfully, wilfully and knowingly fail and neglect to perform a duty required of him", under the Act and the Rules and Regulations, "in that at the time and place aforesaid, the...

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