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JARRETT v. RESOR

No. 24668.

426 F.2d 213 (1970)

Christopher J. JARRETT, Appellant, v. Hon. Stanley RESOR, Secretary of the Army of the United States; Hon. John Mitchell, Attorney General of the United States; Major General James W. Sutherland, Jr., Commanding General, United States Army Armor Center, Ft. Knox, Ky.; Lt. Desoer, Commanding Officer Overseas Replacement Station, Air Force Base, California; and Does I through V, Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended On Denial of Rehearing April 21, 1970.

As Further Amended May 15, 1970.

Attorney(s) appearing for the Case

John T. Hansen (argued), San Francisco, Cal., for appellant.

Steven Kazan, San Francisco, Cal. (argued), Cecil F. Poole, U. S. Atty., San Franscico, Cal., for appellees.

Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

Having been unsuccessful in his attempt to obtain a discharge from the Army as a conscientious objector, Lt. Christopher J. Jarrett, proceeding under 28 U.S.C. §§ 2201 and 2202, brought this action for declaratory relief.1 Alleging that he then resided in Berkeley, California, Lt. Jarrett filed his complaint in the United States District Court for the Northern District of California, in which district Berkeley...

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