AQUILINO v. LAIRD

Civ. A. No. SA70CA149.

316 F.Supp. 1053 (1970)

Pvt. John D. AQUILINO, Jr. v. Melvin LAIRD, as Secretary of Defense, et al.

United States District Court, W. D. Texas, San Antonio Division.

August 4, 1970.


Attorney(s) appearing for the Case

Maury Maverick, Jr., Maverick & Tynan, San Antonio, Tex., Gerald H. Goldstein, Levey & Goldstein, San Antonio, Tex., for plaintiff.

Seagal V. Wheatley, U. S. Atty., Hugh Patrick Shovlin, Asst. U. S. Atty., San Antonio, Tex., for defendants.


MEMORANDUM OPINION

SPEARS, District Judge.

In his petition for a writ of habeas corpus the petitioner alleges that he is in the custody of respondents contrary to law; that disapproval by the Army of his application for discharge as a conscientious objector on March 27, 1970 has no basis in fact, is arbitrary and capricious, is based upon a misinterpretation and misapplication of the law, regulations and evidence, is a denial of due process, and is in violation...

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