UNITED STATES EX REL. TOBIAS v. LAIRD

No. 13559.

413 F.2d 936 (1969)

UNITED STATES of America ex rel. Harris TOBIAS, Appellant, v. Melvin LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and the Commanding Officer of Fort Eustis, Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 25, 1969.


Attorney(s) appearing for the Case

Joan Goldberg, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for appellant.

Roger T. Williams, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge:

This is an appeal from a denial by the district judge of a petition for writ of habeas corpus brought to procure Harris Tobias' discharge from the Army or, alternatively, assignment to non-combatant duties, on the theory that he is in custody in violation of the Constitution and laws of the United States. 28 U.S.C. § 2241(c) (3). Tobias claims to have been arbitrarily and capriciously denied conscientious objector status under 50 U.S.C...

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