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JOHNSON v. LAIRD

No. 25383.

435 F.2d 493 (1970)

Zels B. JOHNSON, Plaintiff-Appellant, v. Melvin LAIRD, Secretary of Defense, Lt. General Stanley Resor, Commander, Department of the Army, Headquarters 6th U. S. Army Presidio, San Francisco, California 94129, and Lt. Col. George Abe, Headquarters 3rd Bn., 161st Infantry, Pier 91, Seattle, Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 24, 1970.

Attorney(s) appearing for the Case

Robert C. Mussehl (argued), of Lind, Thom, Mussehl & Navoni, Seattle, Wash., for plaintiff-appellant.

Charles F. Murphy (argued), Asst. Atty.Gen., Slade Gorton, Atty.Gen., Olympia, Wash., Charles A. Schaaf (argued), Asst.U.S.Atty., Stan Pitkin, U.S.Atty., Seattle, Wash., for defendants-appellees.

Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Zels Bryan Johnson appeals the dismissal by the district court of his petition for writ of habeas corpus seeking release from the Army as a conscientious objector. We affirm.

I. The Factual Background

Johnson began his military service in January of 1966 when he joined the Washington National Guard with a concurrent six-year commitment in the Army Reserve. After a four-month tour of active duty, he returned...

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