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UNITED STATES EX REL. HEALY v. BEATTY

No. 28516 Summary Calendar.

424 F.2d 299 (1970)

UNITED STATES of America ex rel. Private Michael P. HEALY, US 54670400, 547th Medical Company, United States Army, Fort Stewart, Georgia, Petitioner-Appellee, v. George S. BEATTY, Jr., Brigadier General, United States Army Commanding General, Fort Stewart, Georgia, Stanley R. Resor, Secretary, United States Army, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 1970.

Attorney(s) appearing for the Case

Richard C. Chadwick, Asst. U. S. Atty., R. Jackson B. Smith, Jr., U. S. Atty., for appellants.

Bobby L. Hill, Savannah, Ga., Peter E. Rindskopf, Howard Moore, Jr., Atlanta, Ga., for appellee.

Before THORNBERRY, CLARK and INGRAHAM, Circuit Judges.

PER CURIAM:

This appeal is taken from an order of the district court1 granting habeas corpus relief to petitioner-appellee, who successfully claimed in the court below that the Army wrongfully denied his application for discharge from the service as a conscientious objector. We affirm.2

I

Private Michael P. Healy was inducted into the United States Army on June 17, 1968. Prior to induction...

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