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KAYE v. LAIRD

No. 19059.

442 F.2d 440 (1971)

Marc B. KAYE, Appellant, v. Melvin R. LAIRD, Secretary of Defense and Stanley R. Resor, Secretary of the Army, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 17, 1971.

Attorney(s) appearing for the Case

Jeremiah S. Gutman, Levy, Gutman & Goldberg, New York City (Eric M. Blumberg, Washington, D. C., Nathan L. Jacobson, Maplewood, N. J., on the brief), for petitioner-appellant.

Rene Hollyer, Asst. U. S. Atty., Newark, N. J. (Arthur R. Hollyer, Asst. U. S. Atty., Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus sought by the appellant Kaye in his effort to obtain his discharge from the United States Army as a conscientious objector.

It is admitted that when Kaye was drafted into the Army on December 12, 1968, he was not a conscientious objector. He received full basic training at Fort Jackson, South Carolina. Following that he was trained...

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