FREY v. LARSEN

No. 26854.

448 F.2d 811 (1971)

Daniel FREY, Appellant, v. Lt. General Stanley R. LARSEN, Commanding Officer, Sixth Army, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

September 20, 1971.


Attorney(s) appearing for the Case

Paul Harris, San Francisco, Cal., for appellant.

James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., for appellees.

Before MADDEN, Senior Judge, United States Court of Claims, and DUNIWAY and TRASK, Circuit Judges.


TRASK, Circuit Judge:

This is an appeal from the district court's denial of Frey's petition for a writ of habeas corpus seeking discharge from the Army as a conscientious objector. This court has jurisdiction pursuant to 28 U.S.C. § 2253.

On June 16, 1969, Frey was inducted into the United States Army for two years of active duty. On December 23, 1969, subsequent to receiving his orders for Vietnam and just prior to his scheduled departure overseas, appellant...

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