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BORTREE v. RESOR

No. 24607.

445 F.2d 776 (1971)

Scott H. BORTREE, Appellant, v. Stanley R. RESOR, Secretary of the Army et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Mr. Sanford Kahn, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Mr. Lawrence Speiser, Washington, D. C., was on the brief, 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 appellee.

Before BAZELON, Chief Judge, and McGOWAN and TAMM, Circuit Judges.

TAMM, Circuit Judge:

The sole issue presented in this case is whether there is any basis in fact for the Army's disapproval of Private Scott H. Bortree's application for discharge as a conscientious objector.1 The Army concluded that Bortree was not opposed to participation in war in any form as required under Department of Defense Directive 1300.6, issued May 10, 1968, and Army Regulation No. 635-20, issued January 22, 1969, and the District...

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