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DIX v. RESOR

No. 205, Docket 71-1784.

449 F.2d 317 (1971)

Paul A. DIX, Petitioner-Appellant, v. Stanley R. RESOR, Secretary of the Army, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 24, 1971.

Attorney(s) appearing for the Case

Martin R. Stolar, New York City, for petitioner-appellant.

Lloyd H. Baker, Asst. U. S. Atty., Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., David G. Trager and Paul E. Warburgh, Jr., Asst. U. S. Attys., Brooklyn, N. Y., on the brief), for respondents-appellees.

Before FRIENDLY, Chief Judge, and MULLIGAN and TIMBERS, Circuit Judges.

PER CURIAM:

Paul A. Dix, an enlistee in the United States Army, filed a petition in the Eastern District of New York for a writ of habeas corpus to effect his discharge from the Army on the ground that he was a conscientious objector. This action followed denial by the Army's Conscientious Objection Review Board of his application for release from further military duty which he had filed on September 8, 1970 on the same ground. The District Court, Jack B. Weinstein...

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