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UNITED STATES v. LEMKE

No. Crim. 42607.

310 F.Supp. 1298 (1969)

UNITED STATES, Plaintiff, v. Lawrence G. LEMKE, Defendant.

United States District Court, N. D. California.

December 23, 1969.

Attorney(s) appearing for the Case

Garfield W. Steward, San Francisco, Cal., for defendant.

Cecil F. Poole, U. S. Atty., San Francisco, Cal., for plaintiff.

OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT

PECKHAM, District Judge.

Defendant Lemke moves to dismiss the indictment charging him with refusal to submit to induction in the armed forces of the United States (50 U.S.C.App. § 462) on the ground that the local draft board which denied his request for conscientious objector status, classified him 1-A and issued his induction order, was not properly constituted in accordance with 32 C.F.R. &...

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