DAOUST v. LAIRD

No. 23944.

434 F.2d 520 (1970)

Ronald D. DAOUST, Appellant, v. Melvin R. LAIRD, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1970.

Petition for Rehearing Denied October 8, 1970.


Attorney(s) appearing for the Case

Mr. Jeremiah S. Gutman, New York City, for appellant.

Mr. John T. Kotelly, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellees.

Before LEVENTHAL, ROBINSON and MacKINNON, Circuit Judges.


PER CURIAM:

Appellant in this case sought, after voluntary enlistment in the Army, discharge as a conscientious objector. His application was rejected, and a second and third application were refused processing on the grounds that they were substantially the same as the first. Appellant then sought a writ of habeas corpus in the District Court and it was denied. This appeal followed.

The Government in essence argues that there is a factual basis in the record...

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