UNITED STATES EX REL. RUDICK v. LAIRD

No. 533, Docket 33354.

412 F.2d 16 (1969)

UNITED STATES of America ex rel. Arthur RUDICK, Petitioner, v. Melvin LAIRD, Secretary of Defense, and Stanley Resor, Secretary of the Army, Respondents.

United States Court of Appeals Second Circuit.

Decided April 23, 1969.


Attorney(s) appearing for the Case

Leonard B. Boudin, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for petitioner.

Alan B. Morrison, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, on the brief), for respondents.

Before MOORE and FEINBERG, Circuit Judges, and McLEAN, District Judge.


MOORE, Circuit Judge:

This is an appeal by Arthur Rudick (appellant) from a decision of the District Court for the Southern District of New York, John M. Cannella, Judge, which effectively dismissed the instant action for lack of jurisdiction. Rudick, a Private in the Armed Forces of the United States, seeks the aid of the Federal Courts in obtaining his discharge on the ground that he is a conscientious objector. Rather than suing his commanding officer in...

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