UNITED STATES EX REL. BROOKS v. CLIFFORD

No. 13275.

412 F.2d 1137 (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 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 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:

In the original briefs and in argument the parties touched peripherally upon the question of whether petitioner had exhausted his administrative remedies when he failed to apply to the Army Board for Correction of Military Records for discharge as a conscientious objector before seeking a writ of habeas corpus from the district court. We gave the question no fuller treatment.

Unbeknown to the parties and to us, the United States Court...

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