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SILVERTHORNE v. LAIRD

No. 71-3536.

460 F.2d 1175 (1972)

Private Donald SILVERTHORNE, Jr., Petitioner-Appellant, v. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing May 22, 1972.

Attorney(s) appearing for the Case

Maury Maverick, Jr., San Antonio, Tex., Ernest Altgelt, III, New York City, for petitioner-appellant.

William S. Sessions, U. S. Atty., Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., for respondents-appellees.

Before RIVES, COLEMAN and DYER, Circuit Judges.

Rehearing and Rehearing En Banc May 22, 1972.

RIVES, Circuit Judge:

On May 24, 1971, the Conscientious Objector Review Board of the United States Army (CORB) denied appellant Silverthorne's application for discharge from the Army, sought pursuant to Army Regulation 635-20, as a 1-O conscientious objector. Thereafter, Silverthorne sought habeas corpus relief in the United States District Court for the Western District of Texas. In his petition to that court...

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