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ARMSTRONG v. LAIRD

Misc. Civ. No. 70-49-J.

325 F.Supp. 1042 (1971)

Robert J. ARMSTRONG, Jr., PFC-E3, U. S. 51982606, Social Security Number 157-36-6517, Plaintiff, v. Hon. Melvin LAIRD, Secretary of Defense; Hon. Stanley Resor, Secretary of the Army; General Albin F. Irzyk, Commanding General, U. S. Army Training Center, Fort Devens, Massachusetts, Defendants.

United States District Court, D. Massachusetts.

April 13, 1971.

Attorney(s) appearing for the Case

Douglas G. Moxham, William P. Homans, Jr., Thomas Shapiro, Boston, Mass., Rowland Watts, Workers Defense League, New York City, Gerald Solk, Germany, for plaintiff.

Herbert F. Travers, Jr., U. S. Atty., George V. Higgins, Mary M. Brennan, Asst. U. S. Attys., for defendants.

OPINION

JULIAN, District Judge.

Plaintiff, who is a member of the United States Army, brought this petition for a writ of habeas corpus seeking a review of the legality of his detention by the Army and praying for an order directing his discharge from the Army on the ground of his conscientious objection to participation in war by reason of his religious training and belief.

An evidentiary hearing was held on the petition.

The plaintiff was...

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