UNITED STATES EX REL. MARTINEZ v. LAIRD

No. PCA 2339.

327 F.Supp. 711 (1971)

UNITED STATES of America ex rel. Lt. David Avila MARTINEZ, Petitioner, v. Melvin LAIRD et al., Respondents.

United States District Court, N. D. Florida, Pensacola Division.

March 15, 1971.


Attorney(s) appearing for the Case

John M. Coe, Pensacola, Fla., for plaintiff.

William Stafford, U. S. Atty., Pensacola, Fla., for defendants.


MEMORANDUM DECISION

ARNOW, Chief Judge.

Petitioner seeks writ of habeas corpus ordering his discharge from the United States Navy as a conscientious objector. The pertinent facts are undisputed before the Court.

In September, 1964, Petitioner entered medical school at the University of Illinois. In February, 1969, he accepted appointment as a lieutenant (Medical Corps) in the Naval Reserve; this resulted in his obtaining a deferment from the draft...

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