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TURPIN v. RESOR

No. 71-1589.

452 F.2d 240 (1971)

Michael R. TURPIN et al., Appellants, v. Stanley S. RESOR, as Secretary of the Army of the United States, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

December 15, 1971.

Attorney(s) appearing for the Case

Donald A. Jelinek (argued), William Samsel, Berkeley, Cal., for appellants.

Richard F. Locke, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellees.

Before HAMLEY, HAMLIN and KILKENNY, Circuit Judges.

HAMLEY, Circuit Judge:

Plaintiffs, including intervenors, brought this class action against defendant Government officials and military officers, to have Army Regulation (AR) 635-20(6), as revised March 6, 1970, declared unconstitutional, and for injunctive relief. Revised AR 635-20(6) prevents Army personnel (with some exceptions not relevant here) from filing applications for discharge as conscientious objectors except...

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