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WALSHE v. TOOLE

No. 80-1735.

663 F.2d 320 (1981)

Thomas M. WALSHE, III, M.D., Plaintiff, Appellant, v. Rear Admiral Wycliffe D. TOOLE, Jr., Commandant, First Naval District, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 7, 1981.

Attorney(s) appearing for the Case

Mitchell Benjoya, Boston, Mass., with whom Daniel D. Chaffee, Allison R. Porter, Ouida C. M. Young, and Denner & Benjoya, Boston, Mass., were on brief, for plaintiff, appellant.

Charles K. Mone, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for defendants, appellees.

Before GIBSON, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal from the district court's denial of a petition for habeas corpus raises the question whether the U.S. Navy properly refused petitioner's application for discharge as a conscientious objector.

Petitioner, Thomas M. Walshe, M.D., joined the Naval Reserve under the "Berry Plan" late in 1972. By so doing he ensured that he would not be subject to draft and would be allowed to pursue and complete specialized medical...

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