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DeWALT v. COMMANDING OFFICER, FORT BENNING, GA.

No. 72-2575.

476 F.2d 440 (1973)

John W. DeWALT, Petitioner-Appellant, v. COMMANDING OFFICER, FORT BENNING, GA., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 1973.

Attorney(s) appearing for the Case

M. C. Mykel, Atlanta, Ga., for petitioner-appellant.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for respondents-appellees.

Before COLEMAN, MORGAN and RONEY, Circuit Judges.

PER CURIAM:

Petitioner, a 1st Lieutenant in the United States Army, seeks release from military service as a conscientious objector. The Army rejected his claim. The District Court dismissed his petition for writ of habeas corpus. We affirm.

The sole question is whether there was a sufficient factual basis to support the Army's denial of petitioner's request for discharge as a conscientious objector. From our study of the record, we conclude the District Court...

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