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UNITED STATES EX REL. SHELDON v. O'MALLEY

No. 23202.

420 F.2d 1344 (1969)

UNITED STATES of America ex rel. Mark P. SHELDON, Appellant, v. Major General Charles S. O'MALLEY, Jr., Commanding General, Military District of Washington, et al.

United States Court of Appeals District of Columbia Circuit.

Decided December 19, 1969.

Attorney(s) appearing for the Case

Mr. David Rein, Washington, D. C., with whom Mr. Joseph Forer, Washington, D. C., was on the brief, for appellant.

Miss Mary E. Folliard, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellees. Mr. Harold H. Titus, Jr., Principal Asst. U. S. Atty., also entered an appearance for appellees.

Before WILBUR K. MILLER, Senior Circuit Judge, McGOWAN and ROBB, Circuit Judges.

McGOWAN, Circuit Judge:

This appeal is from an order of the District Court denying habeas corpus relief to an Army officer seeking discharge from the service as a conscientious objector. The case was heard upon appellees' return to an order to show cause, in which return appellees moved the dismissal of the petition for the writ for want of subject matter jurisdiction or, alternatively, for failure to state a cause of action. The District Court, in a bare order...

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