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EISEL v. SECRETARY OF THE ARMY

Nos. 71-1943, 71-1944.

477 F.2d 1251 (1973)

Leo M. EISEL, Appellant, v. SECRETARY OF THE ARMY. Gary S. GELBER, Appellant, v. SECRETARY OF THE AIR FORCE.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 1973.

Attorney(s) appearing for the Case

David Rein, Washington, D. C., for appellants.

James B. McMahon, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, James F. Flanagan, and Ruth R. Banks, Asst. U. S. Attys., were on the brief, for appellees.

Before McGOWAN, TAMM and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

Appellants in this case are two members of the "inactive reserve" of the United States Army and Air Force who voluntarily joined the Armed Forces, but who were permitted to complete their educations before beginning tours of active duty. Prior to entering active duty appellants allegedly became conscientious objectors and under the appropriate military regulations sought release from their military obligations. The Army and Air Force denied...

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