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HOWE v. LAIRD

No. 71-3484 Summary Calendar.

456 F.2d 233 (1972)

James J. HOWE, Jr., Appellee-Petitioner, v. Melvin R. LAIRD, Secretary of Defense, et al., Appellants-Respondents.

United States Court of Appeals, Fifth Circuit.

March 9, 1972.

Attorney(s) appearing for the Case

William S. Sessions, U.S. Atty., Charles B. Tennison, San Antonio, Tex., for appellants-respondents.

Leonard J. Schwartz, Patrick D. Burke, San Antonio, Tex., Rigely, Schwartz, Fagan & Burke, Inc., San Antonio, Tex., for appellee-petitioner.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM.

The district court concluded that there was no basis in fact for the denial by the Army of conscientious objector status to appellee. We agree. Helwick v. Laird, 5 Cir., 1971, 438 F.2d 959; Kessler v. United States, 5 Cir., 1969, 406 F.2d 151.

The finding of the district court that appellee's statement in support of his application for discharge, if sincere, made out a prima facie...

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