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UNITED STATES v. HOLOHAN

No. 73 Cr. 375.

390 F.Supp. 310 (1975)

UNITED STATES of America v. Edward HOLOHAN, Defendant.

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

January 20, 1975.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, for the United States; George E. Wilson, Asst. U. S. Atty., of counsel.

Chester L. Mirsky, New York City, for defendant.

OPINION

EDWARD WEINFELD, District Judge.

The defendant was indicted on April 24, 1973, and charged in two counts: (1) failure to report for an Armed Forces physical examination from June 19, 1972 to April 24, 1973;1 and (2) failure to report for induction from August 17, 1972 to April 24, 1973.2

He moves to dismiss the indictment upon two grounds: (1) that the United States Attorney abused...

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