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ARMSTRONG v. LAIRD

No. 71-1244.

456 F.2d 521 (1972)

Robert J. ARMSTRONG, Jr., Petitioner-Appellant, v. Hon. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided February 1, 1972.

Attorney(s) appearing for the Case

Rowland Watts, New York City, with whom Barry Satlow, New York City, was on the brief, for appellant.

George V. Higgins, Asst. U.S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on the brief, for appellees.

Before ALDRICH, Chief Judge, and BREITENSTEIN and COFFIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Petitioner-appellant Armstrong brought habeas corpus for release from the Army on CO grounds. He was inducted in January, 1968. In August of that year he applied for a CO discharge. In February, 1969, the Conscientious Objector Review Board unanimously rejected his application. The district court, 325 F.Supp. 1042, held that there was a basis in fact for the...

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