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UNITED STATES v. ROTHFELDER

No. G-143-71 Cr.

338 F.Supp. 1164 (1972)

UNITED STATES of America, Plaintiff, v. Edmund Herman ROTHFELDER, Defendant.

United States District Court, W. D. Michigan, S. D.

February 25, 1972.

Attorney(s) appearing for the Case

Robert Green, Asst. Dist. Atty., Grand Rapids, Mich., for plaintiff.

M. Robert Carr, East Lansing, Mich., for defendant.

OPINION AND ORDER

FOX, Chief Judge.

The defendant is charged with willful failure to report for induction into the Armed Forces of the United States in violation of 50 U.S.C.App. § 462(a). Defendant moves to dismiss on the grounds that his induction was illegal as a matter of law.

The facts of the case are undisputed. Between December 1968 and September 1969 defendant Rothfelder dropped out of college and thus lost his II-S deferment. In September...

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