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UNITED STATES EX REL. DONHAM v. RESOR

No. 70 Civ. 3363.

318 F.Supp. 126 (1970)

UNITED STATES ex rel. Cary E. DONHAM, Petitioner, v. Stanley R. RESOR, Secretary of the Army, et al., Respondents.

United States District Court, S. D. New York.

September 3, 1970.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City, for petitioner; Joan Goldberg, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of N. Y., New York City, for respondents; Michael I. Saltzman, Washington, D. C., of counsel.

OPINION

FRANKEL, District Judge.

Petitioner, at the end of his third year at West Point, sought separation from the Corps of Cadets on the ground that he had matured conscientious objections to military service. The Army has denied his application. He sues here for a writ of habeas corpus, claiming that the adverse decision of the military authorities lacked the requisite basis in fact.1

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