EARLS v. RESOR

No. 304, Docket 71-1891.

451 F.2d 1126 (1971)

Felton J. EARLS, III, Petitioner-Appellant, v. Stanley R. RESOR, Secretary of the Army, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 30, 1971.


Attorney(s) appearing for the Case

Steven J. Hyman, Kunstler, Kunstler & Hyman, New York City, for petitioner-appellant.

John F. McHugh, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Daniel Riesel, Asst. U. S. Atty., of counsel), for respondents-appellees.

Before WATERMAN, SMITH and TIMBERS, Circuit Judges.


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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