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CHILGREN v. SCHLESINGER

No. 3-73-Civ-249.

368 F.Supp. 1375 (1974)

Keith V. CHILGREN, Petitioner, v. James R. SCHLESINGER, Secretary of Defense et al., Respondents.

United States District Court, D. Minnesota, Third Division.

January 8, 1974.

Attorney(s) appearing for the Case

Donald J. Heffernan, Tilsen, Heffernan & Wells, Saint Paul, Minn., for petitioner.

Robert G. Renner, U. S. Atty. and Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., for respondents.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

This petition for writ of habeas corpus is before the Court on cross-motions for summary judgment under Federal Rule of Civil Procedure 56. Petitioner alleges that he is being unlawfully detained in the custody of respondents by the denial of his application for discharge from the military service as a conscientious objector. Jurisdiction exists under 28 U.S.C. § 2241. For the reasons expressed below, the Court...

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