Legal Opinion · Concurring in part, dissenting in part

United States v. Allen Bernard Williams

Court of Appeals for the Second Circuit

Decided October 31, 1973No. 294, Docket 73-1745Published

1Concurring in part, dissenting in partTimbers, Circuit Judge

I concur in the judgment of the Court which affirms appellant’s conviction for refusal to report for induction into the armed forces of the United States.

I also concur in so much of the majority opinion as is necessary to reach that result.

With respect to one aspect of the majority opinion which I regard as unnecessary to reach that result and therefore to be dictum, I respectfully dissent.

Specifically, the majority states that “a bare claim of extreme hardship to named dependents [need not] always be regarded as conclusive on a request for reopening made after an induction notice has been…

2Cases cited3 opinions

  1. Paszel v. LairdCourt of Appeals for the Second Circuit · 1970
  2. Gerson Grosfeld v. Dr. Harold P. Morris, Gerson Grosfeld v. Maj. James R. McCarterCourt of Appeals for the Fourth Circuit · 1971
  3. United States v. Luke Hamilton JonesCourt of Appeals for the Second Circuit · 1970

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