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ROSA v. GIL

Civil No. 463-69.

309 F.Supp. 1332 (1969)

Florencio Merced ROSA et al., Plaintiffs, v. Francisco GIL et al., Defendants.

United States District Court, D. Puerto Rico.

September 2, 1969.

Attorney(s) appearing for the Case

William Crain, New York City, Roberto José Maldonado, San Juan, P. R., Olaguibeet A. Lopez Pacheco, Rio Piedras, P. R., for plaintiff.

Blas C. Herrero, U. S. Atty., San Juan, P. R., for defendant.

Before COFFIN, Circuit Judge, and CANCIO and RYAN, District Judges.

OPINION OF THE COURT

COFFIN, Circuit Judge.

This is an action to enjoin the prosecution of plaintiff Florencio Merced Rosa, who has been indicted under 50 U.S.C. App. sec. 462(a) for failure to submit to induction into the armed forces.1 A three judge court has been convened at plaintiff's request to consider his attack on the constitutionality of certain procedural and substantive statutes involved in the criminal proceedings...

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