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UNITED STATES v. ABERNATHY

Crim. A. No. 71-CR-148.

334 F.Supp. 1201 (1971)

UNITED STATES of America, Plaintiff, v. Thomas Dee ABERNATHY, Defendant.

United States District Court, D. Colorado.

December 7, 1971.

Attorney(s) appearing for the Case

Gordon L. Allott, Jr., Asst. U. S. Atty., Denver, Colo., for plaintiff.

Elmer Lee Hamby, Denver, Colo., for defendant.

FINDINGS OF FACT AND ORDER

CHILSON, District Judge.

Defendant was charged with a violation of 50 U.S.C. App. § 462(a), failure to submit to induction into the Armed Forces of the United States. Trial was to the Court without a jury.

Briefs in support of and in opposition to a motion for acquittal have been received. The issue discussed by these briefs is whether a delay in excess of six months between the issuance of an order

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