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UNITED STATES EX REL. BROOKS v. CLIFFORD

Civ. A. No. 69-66.

296 F.Supp. 716 (1969)

UNITED STATES of America ex rel. Peter S. BROOKS, Petitioner, v. Clark CLIFFORD, Secretary of Defense, Stanley R. Resor, Secretary of Army and Commanding Officer, Fort Jackson, South Carolina, Respondents.

United States District Court D. South Carolina, Columbia Division.

Decided February 25, 1969.

Attorney(s) appearing for the Case

Jack F. McGuinn, Columbia, S. C., and Joan Goldberg and Leonard B. Boudin, New York City, for petitioner.

Wistar D. Stuckey and Charles W. Gambrell, Asst. U. S. Attys., Columbia, S. C., for respondents.

HEMPHILL, District Judge.

Before the court is the habeas corpus petition of Peter S. Brooks, a Private in the Army of the United States of America. Brooks insists that he is unlawfully restrained of his liberty, and, illegally detained by Respondents at Fort Jackson, South Carolina, as a Member of the Armed Forces of the United States, despite his conscientious objection to participation in the Armed Services in any capacity. He states that his Fifth Amendment freedoms...

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