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SILBERBERG v. WILLIS

Misc. Civ. No. 69-77-W.

306 F.Supp. 1013 (1969)

Alan I. SILBERBERG v. Colonel Albert W. WILLIS, Stanley R. Resor, Secretary of the Army, and Melvin R. Laird, Secretary of Defense.

United States District Court D. Massachusetts.

December 2, 1969.

Attorney(s) appearing for the Case

John G. S. Flym, Flym, Zalkind & Silverglate, and Harvey A. Silverglate, Boston, Mass., for plaintiff.

Herbert F. Travers, U. S. Atty., Stanislaw R. J. Suchecki, Asst. U. S. Atty., for defendant.

OPINION

WYZANSKI, Chief Judge.

Petitioner, an enlisted private in the United States Army Reserve, seeks to be discharged from the alleged custody of Col. Willis, who was his reserve unit commander, and from the alleged custody of the Secretaries of Defense and the Army. His claim is that he is entitled to discharge from the Armed Forces as a conscientious objector who has met the standards prescribed by Army Regulation 135-25, dated April 11, 1969. (Pl....

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