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CONRAD v. SCHLESINGER

No. 73-3183.

507 F.2d 867 (1974)

Kim N. CONRAD, LCPL/USMC, Plaintiff-Appellant, v. James SCHLESINGER, Secretary of Defense, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 25, 1974.

Attorney(s) appearing for the Case

Alex Landon, of Pancer & Landon, San Diego, Cal., for plaintiff-appellant.

Harry D. Steward, U. S. Atty., Richard A. Block, Sp. Asst. U. S. Atty., San Diego, Cal., for defendant-appellee.

Before TRASK, CHOY and GOODWIN, Circuit Judges.

OPINION

PER CURIAM:

Conrad petitioned for a writ of habeas corpus contending that the Marine Corps wrongfully denied his application for separation from the Corps on the basis of conscientious objection. The district court ruled that the denial of the application was without any basis in fact, but conditioned Conrad's release from the Corps pending completion of a court-martial sentence imposed for sale of heroin and unauthorized absence. Conrad appeals...

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