KEMP v. BRADLEY

No. 71-1649.

457 F.2d 627 (1972)

Gregory M. KEMP, Appellant, v. Major General BRADLEY, Commanding Officer, and Stanley R. Resor, Secretary of the Army, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1972.


Attorney(s) appearing for the Case

Francis L. Ruppert, Clayton, Mo., for appellant.

Vernon A. Poschel, Asst. U. S. Atty., Kansas City, Mo., for appellees.

Before BREITENSTEIN, BRIGHT and STEPHENSON, Circuit Judges.


BRIGHT, Circuit Judge.

Appellant, Gregory M. Kemp, a private in the United States Army, petitioned the district court for a writ of habeas corpus after the Army denied his request for discharge as a conscientious objector pursuant to AR 635-20. Upon finding a basis-in-fact for the Army's refusal to discharge appellant, the district court denied habeas corpus relief. Kemp appealed. We reverse and remand the case with directions.

Appellant was inducted into...

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