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CONWAY v. SURLES

No. 72-1050.

474 F.2d 372 (1973)

1st Lt. Richard G. CONWAY, M.D., Petitioner-Appellant, v. Lt. General A. D. SURLES, Commanding General, Sixth United States Army, Presidio of San Francisco, California; Hon. Robert Froehlke, Secretary of the Army, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 2, 1973.

Attorney(s) appearing for the Case

Michael H. Weiss (argued), John T. Hansen, of Hansen, Jaffe & Weiss, San Francisco, Cal., for petitioner-appellant.

Stephen D. Petersen, Capt., Staff Army Judge Advocate (argued), San Francisco, Cal., James L. Browning, U. S. Atty., F. Steele Langford, John Cooney, Asst. U. S. Attys., San Francisco, Cal., for respondents-appellees.

Before TRASK and CHOY, Circuit Judges, and ANDERSON, District Judge.

CHOY, Circuit Judge:

Conway appeals from the district court's denial of a petition for a writ of habeas corpus. Conway, a physician, requested that his draft board classify him as a conscientious objector. The request was denied and he was classified I-A on May 25, 1971. That decision was affirmed by the appeals board. Conway contended that the classification was erroneous, but since he had exhausted all appeals within the Selective Service System he was ordered for...

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