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UNITED STATES v. GOODFELLOW

No. 68 Cr. 674.

320 F.Supp. 812 (1970)

UNITED STATES of America v. Jack Sheldon GOODFELLOW, Defendant.

United States District Court, S. D. New York.

December 28, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, New York City, for the United States; Peter L. Truebner, Asst. U. S. Atty., of counsel.

David N. Ellenhorn, New York City, for defendant; Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, Leon B. Polsky, Chester L. Mirsky, New York Civil Liberties Union, New York City, of counsel.

OPINION

McLEAN, District Judge.

This defendant was tried before me, without a jury, on December 9, 1970, on an indictment filed in July 1968 charging him with failing to submit to induction into the Armed Forces of the United States, in violation of 50 App. U.S.C. § 462(a).

Shortly before the trial, defendant moved, pursuant to Rule 48(b), to dismiss the indictment because of the delay in prosecution...

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