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UNITED STATES v. MILLER

249 F.Supp. 59 (1965)

UNITED STATES of America, v. David J. MILLER, Defendant.

United States District Court S. D. New York.

December 16, 1965.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., by Asst. U. S. Atty. Peter Fleming, Jr., and Frank M. Tuerkheimer, New York City, for the United States.

Marvin M. Karpatkin, Rhoda H. Karpatkin, Osmond K. Fraenkel, Nanette Dembitz, Melvin L. Wulf, and Henry M. DiSuvero, New York City, for defendant.

TYLER, District Judge.

Defendant Miller, who has been charged with knowingly destroying and mutilating his Notice of Draft Classification (SSS Form No. 110) (hereinafter "Notice") pursuant to the provisions of 50 Appendix United States Code 462(b), as recently amended by 79 Stat. 586, Public Law 89-152, August 30, 1965, moves to:

1. Dismiss the indictment, or, in the alternative, to 2. Receive a bill of particulars with regard to the charge, and...

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