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HAMMOND v. LENFEST

No. 461, Docket 31909.

398 F.2d 705 (1968)

Charles A. HAMMOND, SN USNR R, 697 13 52, Appellant-Petitioner, v. H. F. LENFEST, USN, Commanding Officer, USS Coates; Oscar Parker, Captain USN, Commanding Officer U. S. Naval Station, Brooklyn, New York; R. T. Whitaker, Rear Admiral USN, Commandant, Third Naval District, New York, New York, Appellees-Respondents.

United States Court of Appeals Second Circuit.

Decided June 10, 1968.

On Rehearing August 26, 1968.

Attorney(s) appearing for the Case

Karl Fleischmann, Hartford, Conn. (Satter & Fleischmann, Hartford, Conn., on the brief), for appellant-petitioner.

David Margolis, Asst. U. S. Atty. for District of Connecticut (Jon O. Newman, U. S. Atty., on the brief), for appellees-respondents.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The issue presented by this appeal is of great importance in determining the proper relationship of the federal courts to the military establishment. We are called upon to decide whether an enlisted member of the naval reserve claiming to be a conscientious objector may petition for a writ of habeas corpus to obtain review of the decision of his military superiors denying a discharge requested pursuant to Department of Defense and...

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