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UNITED STATES EX REL. FOSTER v. SCHLESINGER

No. 623, Docket 74-2275.

520 F.2d 751 (1975)

UNITED STATES of America ex rel. Jeffrey FOSTER, Petitioner-Appellant. v. James R. SCHLESINGER, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 21, 1975.

Attorney(s) appearing for the Case

Daniel Riesel, New York City, for petitioner-appellant.

Louis G. Corsi, Asst. U. S. Atty., New York City (Paul J. Curran, U. S. Atty., for the Southern District of New York, and Gerald A. Rosenberg, Asst. U. S. Atty., on the brief), for respondents-appellees.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

Jeffrey Foster, a psychiatrist who holds the rank of Lieutenant in the United States Naval Reserve, appeals from an order of the District Court for the Southern District, Kevin T. Duffy, J., denying his petition for a writ of habeas corpus and for an honorable discharge, as a conscientious objector, from the United States Naval Reserve. We reverse.

I. Background.

In February...

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