J. JOSEPH SMITH, Circuit Judge:
Felton J. Earls III, a physician presently holding the rank of Captain in the United States Army Reserve, appeals from a summary judgment entered on July 19, 1971 in the United States District Court for the Southern District of New York, Lloyd F. MacMahon, Judge, dismissing his petition for a writ in the nature of mandamus on the ground that the Army's refusal to rule upon his application for discharge as a conscientious objector...
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