UNITED STATES EX REL. COATES v. LAIRD

No. 73-1778.

494 F.2d 709 (1974)

UNITED STATES, ex rel. PFC Christopher H. COATES, 2362375 USMCR (K), Maint. Bn., 4th FSR, Charlotte, North Carolina, Appellee, v. Melvin LAIRD, Secretary of Defense of the United States, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1974.


Attorney(s) appearing for the Case

David B. Sentelle, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty., on brief) for appellants.

Adam Stein, Charlotte, N. C. (Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Loflin, Anderson, Loflin & Goldsmith and Thomas F. Loflin, III, Durham, N. C., on brief) for appellee.

Before CLARK, Associate Justice, and WINTER and RUSSELL, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

The petitioner-appellee Coates is a Marine reservist, who, denied discharge administratively as a conscientious objector,1 filed this habeas proceeding to secure judicial review of that administrative denial.2 In response to motion to dismiss, the District Court found the administrative denial defective and ordered forthwith Coates' discharge from the service. The Government...

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