United States of America v. Arthur Nunnally, Appellant, 448 F.2d 788 (3d Cir. 1971)
Annotate this CaseReargued May 11, 1971
Decided September 30, 1971
Appeal from the United States District Court for the District of New Jersey; James A. Coolahan, Judge.
Frank Askin, Newark, N. J., for appellant.
Theodore Margolis, Garrett E. Brown, Jr., Asst. U. S. Attys., Newark, N. J., for appellee.
Before HASTIE, Chief Judge, and STALEY and GIBBONS, Circuit Judges.
Reargued Before HASTIE, Chief Judge and STALEY, SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.
OPINION OF THE COURT
PER CURIAM:
This is an appeal by a Selective Service registrant from a criminal conviction predicated upon his refusal to obey an order for induction into the armed forces. For different reasons, the several judges of this court have voted to reverse this conviction and order the discharge of the accused.
The judgment will be reversed.
STALEY, Circuit Judge, dissents and would affirm the judgment of the district court.
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