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UNITED STATES v. SEELEY

No. 7538.

301 F.Supp. 811 (1969)

UNITED STATES of America v. Clarence John SEELEY.

United States District Court D. Rhode Island.

May 6, 1969.

Attorney(s) appearing for the Case

Edward P. Gallogly, U. S. Atty., District of R. I., Frederick W. Faerber, Jr., Asst. U. S. Atty., District of R. I., Providence, R. I., for plaintiff.

John D. Lynch, Providence, R. I., for defendant.

OPINION

PETTINE, District Judge.

This is a criminal prosecution for violation of 50 U.S.C. App. Sec. 462(a), Sec. 12(a) of the Selective Service Act of 1967. Defendant has moved to dismiss the indictment on the ground that there are certain defects in the classification process leading up to the defendant's refusal to submit to induction. The prosecution objects, at the threshold, to the timing of the defendant's motion to dismiss, to the procedural correctness...

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