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THOMAS v. SALATICH

Civ. A. No. 71-508.

328 F.Supp. 18 (1971)

Pvt. II Henry Grant THOMAS, Jr. v. Ltc. Peter B. SALATICH, Jr., as Commanding Officer of 337th USAR Medical Detachment (Dental Service); and Stanley Resor, as Secretary of the Army.

United States District Court, E. D. Louisiana, New Orleans Division.

June 8, 1971.

Attorney(s) appearing for the Case

Pres Kabacoff, New Orleans, La., for plaintiff.

James Carriere, Asst. U. S. Atty., New Orleans, La., for defendants.

COMISKEY, District Judge.

MEMORANDUM OF REASONS

This is a petition for writ of habeas corpus by Private Henry Grant Thomas, Jr., whose application for discharge from the United States Army as a conscientious objector was denied by the Army Conscientious Objector Review Board. We hold that the petition should be granted for the reason that the decision of the Board is unsupported by any basis in fact within the meaning of the recent jurisprudence.

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