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UNITED STATES v. FARGNOLI

Nos. 71-1369, 71-1370.

458 F.2d 1237 (1972)

UNITED STATES of America, Appellee, v. John E. FARGNOLI, Defendant-Appellant. UNITED STATES of America, Appellee, v. Joseph R. FARGNOLI, Jr., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided April 25, 1972.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City, with whom Steven Delibert and Melvin L. Wulf, New York City, were on brief, for John E. Fargnoli, appellant.

Seth K. Gifford, Providence, R. I., by appointment of the Court, for Joseph R. Fargnoli, Jr., appellant.

Constance L. Messore, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellants John and Joseph Fargnoli were convicted in jury-waived trials, 332 F.Supp. 1122, 1125, of refusing to submit to induction in violation of 50 U.S.C. App. § 462(a). Each argues that he was at the time of refusing induction, John on November 6, 1968, and Joseph on January 15, 1969, a "non-religious" conscientious objector entitled to be placed in Class I-O under a retroactive application of...

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