KURTZ v. LAIRD

No. 71-1082.

449 F.2d 210 (1971)

Robert S. KURTZ, Plaintiff-Appellant, v. Melvin LAIRD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 28, 1971.


Attorney(s) appearing for the Case

Leonard J. Schwartz, San Antonio, Tex., Jeremiah S. Gutman, New York City, Maury Maverick, Jr., San Antonio, Tex., for plaintiff-appellant.

Seagal V. Wheatley, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., San Antonio, Tex., for defendant-appellee.

Before O'SULLIVAN, THORNBERRY and DYER, Circuit Judges.


THORNBERRY, Circuit Judge:

In his application for habeas corpus relief, appellant Kurtz sought to be discharged from the Army on the ground that subsequent to his entry into the service he became a conscientious objector. The Army's Class 1-O Conscientious Review Board disapproved appellant's application on the sole ground "that Kurtz is not opposed to participation in all wars, but is opposed to participation in a particular war." The District Court denied the writ...

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