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UNITED STATES v. MERKLE

No. 19149.

444 F.2d 411 (1971)

UNITED STATES of America v. Christian Robert MERKLE, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 21, 1971.

Attorney(s) appearing for the Case

Edwin H. Beachler, McArdle, McLaughlin, Paletta & McVay, and Michael Malakoff, Pittsburgh, Pa., for appellant.

Kathleen K. Curtin, Asst. U. S. Atty., Pittsburgh, Pa. (Richard L. Thornburgh, U.S. Atty., Blair A. Griffith, First Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Registrant Merkle has appealed from a judgment and commitment dated June 24, 1970, for refusing to be inducted into the Armed Services of the United States in violation of 50 U.S.C.App. § 462(a).

On February 9, 1965, Merkle filed his filled out questionnaire. Under series 8 re conscientious objection if any, he stated "does not apply." In that same year...

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