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UNITED STATES v. FARGAS

No. 66 Cr. 792.

267 F.Supp. 452 (1967)

UNITED STATES of America v. Antonio John FARGAS, Defendant.

United States District Court S. D. New York.

Rehearing Denied May 9, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for United States of America; Paul K. Rooney, Asst. U. S. Atty., of counsel.

Rabinowitz & Boudin, New York City for defendant; Michael B. Standard, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge:

On October 11, 1966 defendant Fargas pleaded not guilty to an indictment charging him with refusing to submit to induction into the Armed Forces in violation of 50 App. U.S.C. § 462.

He has moved to dismiss the indictment1 for failure to state facts sufficient to constitute an offense against the United States, Rule 12, F.R.Cr.P., and alternatively for a bill of particulars and for...

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