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United States v. Longo

United States v. Longo, 140 F.2d 848 (3d Cir. 1944)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
February 11, 1944
Docket
No. 8484
Judges
Biggs, Goodrich, Laughlin
Citations
140 F.2d 8481944 U.S. App. LEXIS 4057

Opinion of the Court

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PER CURIAM.

Only one point raised by the appellant requires discussion. On April 24, 1943 the appellant was classified by his local board as a conscientious objector and placed in Class 4-E. He was given notice of this classification. By a notice dated June 7, 1943 the board ordered him to report for a physical examination on June 18, 1943. He failed to report at the time specified. Thereafter, a notice of suspected delinquency was sent to him. As a result of this notice he appeared at the board’s office on June 25, 1943 and stated that he would not submit to a physical examination as required. He now contends that he was not delinquent since he did report, albeit after the date specified, and that therefore he did not fail to perform any duty imposed upon him by the Selective Training and Service Act of 1940, 54 Stat. 885 , 50 U.S.C.A.Appendix, §§ 301-318. We cannot agree. The appellant reported to his board only in order to state that he would not comply with the board’s order. His delinquency was plain.

The judgment of the court below is affirmed upon the decision of the Supreme Court in the case of Nick Falbo v. United States, 64 S.Ct. 346 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1945: 119452026peak 1945 · 1

Relies on it most ⓘ

  1. Smith v. United States148 F.2d 288 (4th Cir. 1945)

Most recent

  1. Smith v. United States148 F.2d 288 (4th Cir. 1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Falbo v. United States, 320 U.S. 549 (1944) 292

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