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SANGER v. SEAMANS

No. 73-2333.

507 F.2d 814 (1974)

Captain Roger G. SANGER, Petitioner-Appellant, v. Honorable Robert C. SEAMANS, Jr., Secretary of the Air Force, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

November 29, 1974.

Attorney(s) appearing for the Case

Richard P. Fox (argued) of Los Angeles, Cal., for petitioner-appellant.

Huston T. Carlyle, Asst. U. S. Atty. (argued), Los Angeles, Cal., for respondents-appellees.

Before WALLACE and SNEED, Circuit Judges, and EAST, District Judge.

OPINION

WALLACE, Circuit Judge:

Captain Sanger applied for a discharge from the United States Air Force Reserve based upon his newly-found conscientious objection to war. The officers who interviewed Sanger concluded that he was sincere. All reviewing officers, none of whom interviewed Sanger, drew a contrary conclusion and the Secretary of the Air Force denied his application for discharge. Captain Sanger then petitioned for habeas corpus in the district...

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