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NAILL v. ALEXANDER

No. 79-1633.

631 F.2d 696 (1980)

Captain William E. NAILL, United States Army, Petitioner-Appellant, v. The Honorable Clifford L. ALEXANDER, Jr., Secretary of the Army, et al., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 25, 1980.

Attorney(s) appearing for the Case

Richard P. Fox of Richard P. Fox & Max Gest, a professional law corporation, Los Angeles, Cal., for petitioner-appellant.

William C. Danks, Asst. U.S. Atty., Denver, Colo. (Joseph F. Dolan, U.S. Atty., Denver, Colo., and Calvin M. Lederer, Captain, JAGC, Litigation Division, Washington, D.C., with him on brief), for respondents-appellees.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

SETH, Chief Judge.

This appeal is taken from denial of a petition for a writ of habeas corpus for release from the Army as an in-service conscientious objector. The district court found that there was a basis in fact for denial by the Secretary of the Army of petitioner's application for discharge and so denied the petition. The basic issue on appeal is whether there existed a basis in fact for the determination that petitioner's conscientious objection was not based...

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