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UNITED STATES v. BLAU

No. CR71-5S.

337 F.Supp. 477 (1972)

UNITED STATES of America, Plaintiff, v. John Richard BLAU, Defendant.

United States District Court, D. South Dakota, S. D.

February 9, 1972.

Attorney(s) appearing for the Case

R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for plaintiff.

David A. Gerdes, of Martens, Goldsmith, May, Porter & Adam, Pierre, S. D., and Dan L. Johnston, Des Moines, Iowa, for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The defendant, John Richard Blau, has been indicted for wilfull failure to report for and submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C.A. App. Sec. 462. Upon his written waiver of a jury trial, this case was tried to the court on August 16, 1971.

The central issue is whether or not the local board properly denied the...

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