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MILLER v. LAIRD

No. 71-2705.

464 F.2d 533 (1972)

Samuel C. MILLER, Plaintiff-Appellant, v. Hon. Melvin LAIRD et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 22, 1972.

Attorney(s) appearing for the Case

Charles R. Khoury, Jr. (argued), San Diego, Cal., for plaintiff-appellant.

Robert Filsinger, Asst. U. S. Atty. (argued), Frederick B. Holoboff, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for defendants-appellees.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Miller's second amended petition for writ of habeas corpus was denied by the district court and he appeals. We reverse and remand for further proceedings.

A Navy enlisted man since 1967, Miller had served in the western Pacific before determining in February 1970 that he considered himself a conscientious objector. While his claim for release from military service was being processed, Miller was advised, in May 1970, that he...

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