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RASTIN v. LAIRD

No. 70-384.

320 F.Supp. 1047 (1970)

In the Matter of William Edwin RASTIN, USN, Petitioner, v. Hon. Melvin LAIRD, Secretary of Defense, Hon. John Chafee, Secretary of the Navy, Captain Woodrow Wilson Graham, Commanding Officer U. S. Navy Amphibious Base, Coronado, California, Respondents.

United States District Court, S. D. California.

December 29, 1970.

Attorney(s) appearing for the Case

Milton J. Silverman, San Diego, Cal., for petitioner.

Harry D. Steward, U. S. Atty., and Frederick B. Holoboff, Asst. U. S. Atty., San Diego, Cal., for respondents.

MEMORANDUM OPINION AND ORDER

WALLACE, District Judge.

Petitioner brought this habeas corpus proceeding following a denial by the United States Navy of petitioner's request for a discharge because of his claimed status as a conscientious objector (hereinafter C.O.).

FACTS

In an undated application addressed to Commanding Officer, Mare Island Naval Shipyard, which was filed allegedly on or about the first part of June, 1970,

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