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SERTIC v. LAIRD

No. 24581.

418 F.2d 915 (1969)

Peter D. SERTIC, Appellant, v. Honorable Melvin LAIRD et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 20, 1969.

Attorney(s) appearing for the Case

Gordon, Weinberg & Gordon, Los Angeles, Cal., for appellant.

David H. Anderson, Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellees.

Before BARNES, ELY, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

This is an appeal from a denial of Sertic's petition for a writ of habeas corpus to review the Air Force's determination that Sertic did not qualify for discharge as a conscientious objector because his beliefs were based solely on a personal moral code. The District Court concluded that there was a basis in fact for the Air Force's determination.

Nothing in the record before the District Court supplied a basis in fact for the Air Force's denial...

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