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BRATCHER v. McNAMARA

No. 22865.

448 F.2d 222 (1971)

Michael E. BRATCHER, Appellant, v. Robert S. McNAMARA, Secretary of Defense, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

September 8, 1971.

Attorney(s) appearing for the Case

Richard L. Young (argued), Michael H. Rosen, Seattle, Wash., for appellant.

Charles W. Billinghurst, Asst. U. S. Atty. (argued), Eugene Cushing, U. S. Atty., Tacoma, Wash., for appellees.

Before BARNES and MERRILL, Circuit Judges, and McNICHOLS, District Judge.

McNICHOLS, District Judge:

This case has been remanded by the Supreme Court for our further consideration in light of a change of position by the government on the issue of exhaustion of administrative remedies in relation to servicemen seeking court relief from military duty on grounds of conscientious objection to such duty. Bratcher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). Our original opinion is found at

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