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ROTHFUSS v. RESOR

Nos. 30731, 30850.

443 F.2d 554 (1971)

PFC Carl F. ROTHFUSS, Petitioner-Appellant, v. Stanley RESOR, Secretary of the Army, and Colonel Paul Chmar, Fort Bliss, Texas, Respondents-Appellees. PFC Lawrence P. O'BRIEN, Petitioner-Appellant, v. Stanley RESOR, Secretary of the Army, and Colonel Paul Chmar, Fort Bliss, Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

Wayne Windle, Jr., El Paso, Tex., for petitioner-appellant Rothfuss.

Ruth Kern, El Paso, Tex., for petitioner-appellant O'Brien.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Victor K. Sizemore, Asst. U. S. Atty., El Paso, Tex., for respondents-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

SIMPSON, Circuit Judge:

These two cases, consolidated for oral argument, come to us on appeal from denials of habeas corpus relief by the district court for the Western District of Texas. We find it convenient to our purposes to dispose of the two appeals by a single opinion.

Both appellants are service men on active duty with the United States Army. Each sought discharge from the Army on grounds of conscientious objection to both combatant and noncombatant...

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