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UNITED STATES EX REL. LEHMAN v. LAIRD

No. 14688.

430 F.2d 96 (1970)

UNITED STATES of America ex rel. Harry James LEHMAN, III, Appellant, v. Melvin L. LAIRD, Secretary of Defense, John S. Chaffee, Secretary of Navy, and Captain Julian S. Lake, or his successor, Commanding Officer of USS John F. Kennedy (CVA 67), Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1970.

Attorney(s) appearing for the Case

Joan Goldberg, New York City, (Kendall Barnes, Rabinowitz, Boudin & Standard, Leonard B. Boudin, New York City, and Hudgins & Gibson, Richard W. Hudgins, Newport News, Va., on brief), for appellant.

James A. Oast, Jr., Asst. U. S. Atty., for appellees.

Before BOREMAN and BUTZNER, Circuit Judges, and WIDENER, District Judge.

BOREMAN, Circuit Judge.

Harry James Lehman, III, appeals from an order of the district court denying his petition for a writ of habeas corpus in which he asserts entitlement to his discharge from the armed forces under 28 U.S.C. § 2241(c) (1) and (3).1

Lehman enlisted in the United States Navy on July 7, 1967. In late May or early June of 1969 he filed an application for discharge as a conscientious objector. In his application...

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