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SMITH v. LAIRD

Nos. 73-1198, 73-1199.

486 F.2d 307 (1973)

Richard D. SMITH, Petitioner-Appellee, v. Melvin LAIRD, the Secretary of Defense, et al., Respondents-Appellants,

United States Court of Appeals, Tenth Circuit.

Decided October 19, 1973.

Attorney(s) appearing for the Case

William A. Norris, Cummington, Mass., for petitioner-appellee.

Victor R. Ortega, U. S. Atty., for respondents-appellants.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

PER CURIAM.

This appeal is taken by the United States from an order of the United States District Court for the District of New Mexico, 353 F.Supp. 446, granting Captain Richard D. Smith's petition for a writ of habeas corpus and discharging him from the Air Force as a conscientious objector. The writ was granted upon the express condition that Doctor Smith perform alternative service under the civilian work program administered...

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