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ARLEN v. LAIRD

No. 71 Civ. 538.

325 F.Supp. 1334 (1971)

Jeffrey M. ARLEN, M.D., Petitioner, v. Hon. Melvin LAIRD, Secretary of Defense, Hon. Stanley R. Resor, Secretary of the Army, Commanding Officer U. S. Sixth Army, Presidio of San Francisco, California, and Commanding Officer U. S. Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, Respondents.

United States District Court, S. D. New York.

April 21, 1971.

Attorney(s) appearing for the Case

Michael N. Pollet, of Karpatkin, Ohrenstein & Karpatkin, New York City, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., by Joseph P. Marro, Sp. Asst. U. S. Atty., for respondents.

EDELSTEIN, District Judge.

OPINION

This is a petition for a writ of habeas corpus brought by a First Lieutenant in the Medical Corps, United States Army Reserve. Petitioner, Jeffrey M. Arlen, attacks the Army's denial of his conscientious objector application. Petitioner moved for a preliminary injunction seeking to enjoin the respondents from requiring him to report for active duty on February 5, 1971, pursuant to Army orders issued December 29, 1970. These...

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