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UNITED STATES v. O'ROURKE

No. 71 Cr. 1446.

341 F.Supp. 622 (1972)

UNITED STATES of America v. Kevin O'ROURKE, Defendant.

United States District Court, S. D. New York.

March 16, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for Southern District of New York, for the United States of America; by George E. Wilson, New York City, of counsel.

Donald L. Doernberg, Levy, Gutman, Goldberg, & Kaplan, New York City, for defendant.

GURFEIN, District Judge.

The defendant was indicted under Title 50 Appendix, U.S.C. § 462(a), and 32 C.F.R. § 1632.14, for refusing to submit to induction into the armed forces of the United States. He moves to dismiss the indictment pursuant to Rule 12(b) (1) of the Federal Rules of Criminal Procedure upon the ground that "there are defenses capable of determination without the trial of the general issue."1 The specific ground...

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