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UNITED STATES v. MEYER

No. 72 Cr. 1214.

362 F.Supp. 1131 (1973)

UNITED STATES of America v. Werner Herbert MEYER, Defendant.

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

July 12, 1973.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., New York City, for plaintiff; George F. Wilson, Sp. Asst. U. S. Atty., of counsel.

Rabinowitz, Boudin & Standard, New York City, for defendant; Joan Goldberg and Eric M. Lieberman, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendant Werner Herbert Meyer stands indicted for failure to report for induction into the armed services of the United States in violation of 50 App. U. S.C. § 462(a) (1971) and 32 C.F.R. § 1632.14 (1972). He now moves to dismiss the indictment on the ground, inter alia, that his I-A classification is without a basis in fact. For the reasons set out infra, the motion is granted.

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