BATES v. COMMANDER, FIRST COAST GUARD DISTRICT

No. 7310.

413 F.2d 475 (1969)

John E. BATES, Petitioner, Appellant, v. COMMANDER, FIRST COAST GUARD DISTRICT et al., Respondents, Appellees.

United States Court of Appeals First Circuit.

Decided July 24, 1969.


Attorney(s) appearing for the Case

Daniel Klubock, Boston, Mass., for appellant.

Stanislaw R. J. Suchecki, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

This is an appeal from the dismissal of a writ of habeas corpus in which petitioner, Bates, seeks a discharge from the Coast Guard as a conscientious objector. The principal issue is whether there is any "basis in fact" for the Coast Guard's determination that petitioner's objection to war arises from a "sociological and philosphical point of view which [he expounds] as a religious belief but which is actually a personal code."

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