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PASZEL v. LAIRD

No. 351, Docket 34052.

426 F.2d 1169 (1970)

John J. PASZEL, Petitioner-Appellee, v. Melvin R. LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and Commanding Officer, Armed Forces Examining and Entrance Station, Fort Hamilton, Brooklyn, New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 8, 1970.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., of counsel), for respondents-appellants.

Frederick B. Boyden, New York City, for petitioner-appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

This is an appeal by the Secretary of Defense and other respondents from the issuance of a writ of habeas corpus to an inductee who had advanced a claim that conscientious objection had crystallized after receipt of a notice to report for induction.

Petitioner Paszel, who was born on August 16, 1943, registered in 1961, and completed his classification questionnaire on March 2, 1963, has had an elaborate classification history, with...

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