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APPLE v. GREER

No. 76-1899.

554 F.2d 105 (1977)

Thomas Turley APPLE v. General Thomas GREER, Commanding Officer, United States Army Training Center, Infantry, Fort Dix, New Jersey, et al., Appellants.

United States Court of Appeals, Third Circuit.

Reassigned March 18, 1977.

Decided April 20, 1977.

Rehearing Denied June 7, 1977.

Attorney(s) appearing for the Case

Richard L. Thornburgh, Asst. Atty. Gen., George W. Calhoun, John F. Barg, Crim. Div. Attys., Dept. of Justice, Washington, D. C., for appellants.

Emerson L. Darnell, Darnell & Scott, Mount Holly, N. J., Jon L. Landau, Central Committee for Conscientious Objectors, Philadelphia, Pa., for appellee.

Before ADAMS, KALODNER and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal we must determine whether the district court erred when it granted habeas corpus relief to the appellee, Thomas Turley Apple, while court-martial proceedings were pending against him. Since we conclude that the district court's decision was not congenial with the concept of comity that exists between civilian and military tribunals, we reverse.

I.

This case had its origins in Apple...

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