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SCOTT v. COMMANDING OFFICER

No. 18546.

431 F.2d 1132 (1970)

In the Matter of Petition of William D. SCOTT, Appellant, v. COMMANDING OFFICER, Commander Thomas M. Volatile and Secretary of Defense.

United States Court of Appeals, Third Circuit.

Decided September 15, 1970.

Attorney(s) appearing for the Case

Richard A. Axelrod, Shuman, Denker & Land, Philadelphia, Pa., for appellant.

Merna B. Marshall, Asst. U. S. Atty., Philadelphia, Pa., for appellees.

Before SEITZ and ALDISERT, Circuit Judges, and LATCHUM, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This appeal from an order of the district court denying a petition for a writ of habeas corpus raises some difficult questions concerning the proper procedures and standards for judging a selective service registrant's claim for conscientious objector status made after he has been ordered to report for induction.

I

Petitioner William Douglas Scott registered with his Massachusetts local board in...

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