RAUTENSTRAUCH v. SECRETARY OF DEFENSE

Civ. A. No. SA70CA172.

313 F.Supp. 170 (1970)

Joseph Charles RAUTENSTRAUCH v. SECRETARY OF DEFENSE, Melvin Laird, et al.

United States District Court, W. D. Texas, San Antonio Division.

May 20, 1970.


Attorney(s) appearing for the Case

Gerald H. Goldstein, Levey & Goldstein, Maury Maverick, Jr., San Antonio, Tex., co-counsel, for petitioner.

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


MEMORANDUM OPINION

SPEARS, Chief Judge.

In his petition for writ of habeas corpus, petitioner, a private in the United States Army Reserve, alleges that he is being unlawfully detained and deprived of his liberty, and that disapproval of his application for discharge as a conscientious objector has no basis in fact, is a denial of due process of law, is arbitrary and capricious, is based upon a misinterpretation and misapplication of the law, regulations...

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