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UNITED STATES EX REL. ROBINSON v. LAIRD

No. 71-1428.

457 F.2d 741 (1972)

UNITED STATES of America ex rel. Thomas William ROBINSON, Petitioner, v. Melvin LAIRD, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

March 24, 1972.

Attorney(s) appearing for the Case

Michael E. Povich, Cook County Legal Assistance Foundation, Inc., Harvey, Ill., for petitioner; Patrick A. Keenan, Cook County Legal Assistance Foundation, Inc., Brookfield, Ill., of counsel.

James R. Thompson, U. S. Atty., Roger H. Dusberger, Asst. U. S. Atty., William J. Bauer, U. S. Atty., Chicago, Ill., for respondents; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before SWYGERT, Chief Judge, and KILEY and SPRECHER, Circuit Judges.

SWYGERT, Chief Judge.

This is an appeal from the district court's dismissal of a petition for a writ of habeas corpus. Petitioner Seaman Thomas William Robinson filed the petition in the district court challenging the validity of the United States Navy's denial of his application for discharge as a conscientious objector. The district court affirmed that denial, holding that the Navy had a "basis in fact" for rejecting the petitioner's application. We do not agree...

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