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ERICKSON v. COMMANDING GENERAL, FORT ORD

Civ. No. 35067.

139 F.Supp. 518 (1956)

Theodore R. ERICKSON, Petitioner, v. COMMANDING GENERAL, FORT ORD, Fort Ord, CALIFORNIA, Respondent.

United States District Court N. D. California, S. D.

March 23, 1956.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for petitioner.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for defendant.

OLIVER J. CARTER, District Judge.

Theodore R. Erickson has petitioned this Court for a writ of habeas corpus, contending that he is being unlawfully restrained by the Commanding General of the Sixth Army. Respondent moves to dismiss.

Petitioner registered for the draft and was eventually classified 1-A-O, as a conscientious objector available for noncombatant military service only. In 1941 he was inducted into the Army as a conscientious objector available...

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