SPENCER v. LAIRD

No. 827, Docket 71-1106.

442 F.2d 904 (1971)

Robert G. SPENCER, Petitioner-Appellant, v. Hon. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1971.


Attorney(s) appearing for the Case

Steven J. Hyman, New York City (Kunstler, Kunstler & Hyman, New York City, on the brief), for petitioner-appellant.

Carl I. Stewart, Asst. U.S. Atty. (Edward R. Neaher, U. S. Atty., E. D. N. Y.; David G. Trager, Asst. U. S. Atty., on the brief), for respondents-appellees.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.


FEINBERG, Circuit Judge:

The narrow issue in this case is when the United States Army must process an application for discharge as a conscientious objector filed by a physician in the inactive reserve. According to petitioner Robert G. Spencer, the Army must act upon such an application before he enters upon active duty. Respondents, who are the Secretary of Defense, the Secretary of the Army, and petitioner's commanding officers, maintain that action can be deferred...

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