SHAFFER v. SCHLESINGER

Nos. 75-1569 and 75-2257.

531 F.2d 124 (1976)

Michael B. SHAFFER, Appellant, v. Hon. James R. SCHLESINGER, Secretary of Defense, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided February 3, 1976.

As Amended February 23, 1976.


Attorney(s) appearing for the Case

Jeremiah S. Gutman, Melvin L. Wulf, New York City, William V. Kolshorn, Jr., Trenton, N. J., for appellant.

Jonathan L. Goldstein, Andrew M. Higgins, Newark, N. J., for appellees.

Before ALDISERT, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Michael B. Shaffer, a Second Lieutenant in the United States Army, sought a writ of habeas corpus to effect his discharge on the ground that he was a conscientious objector. Petitioner had sought the writ after his claim for conscientious objector status had been denied by the Army Conscientious Objector Review Board ("Board"). The district court, concluding that there was a basis in fact to support...

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