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RICHMOND v. LARSON

No. 71-2741.

476 F.2d 1038 (1973)

Bruce H. RICHMOND, United States Army, by Daniel Kallen, his next friend and attorney, Plaintiff-Appellant, v. General Stanley LARSON, Commanding Officer, United States Army, Presidio, San Francisco, California, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 5, 1973.

Attorney(s) appearing for the Case

Michael E. Somers, Daniel Kallen, Santa Monica, Cal., for plaintiff-appellant.

James L. Browning, Jr., U. S. Atty. Robert E. Carey, Jr., F. Steele Langford, Asst. U. S. Attys., San Francisco, Cal., for defendants-appellees.

Before ELY, HUFSTEDLER, and GOODWIN, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Richmond appeals from an order denying his habeas petition seeking release from the Army after it had rejected his application for discharge based on his claim of conscientious objection.

Richmond was a small-town Ohio boy from a family of modest means. His mother, a devout churchgoer, saw to it that he was a steady attendant at Sunday school and church services. He achieved honor status in the Boy Scouts. In his early teens, he...

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