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ROSENGART v. LAIRD

No. 646, Docket 35684.

449 F.2d 523 (1971)

Oliver A. ROSENGART, Petitioner-Appellant, v. Melvin A. LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and Commanding Officer, Fort Benjamin Harrison, Indianapolis, Indiana, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1971.

Attorney(s) appearing for the Case

Joan Goldberg, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for petitioner-appellant.

Alan B. Morrison, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S. D. of New York, New York City, on the brief), for respondents-appellees.

Before LUMBARD, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Oliver A. Rosengart appeals from an order of the United States District Court for the Southern District of New York entered on November 23, 1970, denying his application for a writ of habeas corpus in a proceeding under 28 U.S.C. § 2241(c) (1) (3) seeking his discharge from the United States Army Reserves as a conscientious objector. A short stay of Rosengart's obligation to report for active duty was entered by consent at the commencement...

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