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McDONOUGH v. UNITED STATES

No. 71-1296.

452 F.2d 1075 (1971)

Philip B. McDONOUGH, Petitioner, Appellant, v. UNITED STATES, Secretary of the Army, Herbert H. Flather, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1971.

Attorney(s) appearing for the Case

Anthony McManus, Dover, N. H., for appellant.

Carroll F. Jones, Asst. U. S. Atty., with whom David A. Brock, U. S. Atty., and William B. Cullimore, Asst. U. S. Atty., were on brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Petitioner McDonough, while a member of Army ROTC at the University of New Hampshire, applied for a conscientious objector discharge. This application was, apparently concededly, unlawfully processed, and petitioner was requested to file another. This he did, but before that was processed he was disenrolled from the ROTC program and ordered to report to Fort Knox for active duty in an enlisted capacity. The second application for discharge has...

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