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MILLER v. UNITED STATES ARMY

No. 679-70.

458 F.2d 388 (1972)

Samuel Obediah MILLER, Petitioner-Appellant, v. The UNITED STATES ARMY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

Samuel Obediah Miller, pro se.

Robert J. Roth, U. S. Atty., and Richard L. Meyer, Asst. U. S. Atty., submitted on brief, for respondent-appellee.

Before BREITENSTEIN and McWILLIAMS, Circuit Judges, and KERR, District Judge.

PER CURIAM.

The opinion filed herein on August 27, 1971, was withdrawn on August 30, 1971, to avoid possible inconsistency with Polsky v. Wetherill, 10 Cir., 438 F.2d 132.

Petitioner-appellant, who voluntarily enlisted in the armed forces, sought release therefrom as a conscientious objector. Release was denied and he brought habeas corpus. In reliance on Noyd v. McNamara, 10 Cir., 378 F.2d 538

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