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SHEAR v. RICHARDSON

No. P-CIV-73-35.

364 F.Supp. 43 (1973)

Michael S. SHEAR v. Elliot L. RICHARDSON (or his successor), as Secretary of Defense, et al.

United States District Court, S. D. Illinois, N. D.

September 25, 1973.

Attorney(s) appearing for the Case

Thomas M. Haney, Chicago, Ill., for petitioner.

Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., for respondents.

DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

This case is before the court on cross motions for summary judgment. It was commenced by filing of a petition for writ of habeas corpus by a member of a United States Army Reserve unit at Peoria, Illinois, who has been denied discharge on his petition therefor as a conscientious objector to war and killing. There is no dispute on material facts. Undisputed copies of petitioner's original application for discharge...

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