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ZEMKE v. LARSEN

No. 25417.

434 F.2d 1281 (1970)

Stephen M. ZEMKE, Plaintiff-Appellant, v. Lt. General Stanley R. LARSEN, C.O. Sixth Army, Stanley Resor, Secretary of the Army, Melvin Laird, Secretary of Defense, General Ellis Fuller as Commanding Officer, U. S. Army Personnel Center, Oakland Army Base, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 1, 1970.

Attorney(s) appearing for the Case

Robert Michael Zweig (argued), of Hodge, Green & Zweig, San Francisco, Cal., for appellant.

Steven Kazan (argued), Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellees.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.

MERRILL, Circuit Judge:

Appellant, seeking discharge from the United States Army as a conscientious objector, appeals from a district court order denying him habeas corpus relief.

Following the filing of his application for discharge, appellant received favorable recommendations from a chaplain who interviewed him and from the hearing officer assigned to his case. But his commanding officer, on the record, recommended...

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