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UNITED STATES EX REL. BROOKS v. CLIFFORD

No. 13275.

409 F.2d 700 (1969)

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

United States Court of Appeals Fourth Circuit.

Decided March 20, 1969.

Rehearing Denied June 25, 1969.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City (Rabinowitz, Boudin & Standard, Joan Goldberg, New York City, and Jack F. McGuinn, Columbia, S. C., on brief), for appellant.

Wistar D. Stuckey, Asst. U. S. Atty. (Klyde Robinson, U. S. Atty., on brief), for appellees.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

Petitioner, a member of the United States Army, in which he voluntarily enlisted after being classified 1-A by his local selective service board, sought a writ of habeas corpus to effect his release upon his claim that he was a conscientious objector. The writ was sought after his claim was rejected by the Army. The district court, concluding that there was a basis in fact on which the Department of the Army could bottom its decision that petitioner...

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