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UNITED STATES v. ZIMMERMAN

Crim. No. 43-67.

403 F.Supp. 481 (1975)

UNITED STATES of America, Plaintiff, v. David Richard ZIMMERMAN, Defendant.

United States District Court, D. New Jersey.

November 14, 1975.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty., Newark, N. J., by Stephen R. Mills, Asst. U. S. Atty., of counsel and on the brief, for plaintiff.

Jonathan Marsh, American Civil Liberties Union Foundation, Inc., New York City by Jonathan Marsh, New York City, for defendant; Melvin L. Wulf, Edwin J. Oppenheimer, Jr., New York City, on the brief.

OPINION

MEANOR, District Judge.

This matter comes before the court on defendant's motion to dismiss the indictment. Briefs and affidavits were submitted by both sides. Oral argument was heard on November 7, 1975. Following the argument, the court reserved decision.

By an indictment filed on February 1, 1967, the defendant was charged with a violation of 50 U.S.C.App. § 462(a), failure to report for induction. Defendant moves to dismiss the indictment...

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