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PITCHER v. LAIRD

No. 28285.

421 F.2d 1272 (1970)

P. F. C. Daniel E. PITCHER, Petitioner-Appellant, v. Melvin LAIRD, as Secretary of Defense, et als., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 30, 1970.

Attorney(s) appearing for the Case

Maury Maverick, Jr., San Antonio, Tex., for petitioner-appellant.

Seagal V. Wheatley, U. S. Atty., Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., for respondents-appellees.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

RIVES, Circuit Judge:

Pitcher appeals from a denial of his petition for writ of habeas corpus in the district court. Pursuant to a United States Army Regulation,1 Pitcher filed an application for discharge, claiming that he had become a conscientious objector after entering the military service. The Secretary of the Army denied the request for discharge on the ground that Pitcher's claim was based on a personal moral code and not upon...

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