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KOH v. SECRETARY OF THE AIR FORCE

No. 82-4529.

719 F.2d 1384 (1983)

Dr. Audrey S. KOH, Petitioner-Appellee, v. SECRETARY OF THE AIR FORCE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted August 1, 1983.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Peter B. Sandmann, Turner & Sandmann, San Francisco, Cal., for petitioner-appellee.

John F. Barg, Asst. U.S. Atty., San Francisco, Cal., for respondent-appellant.

Before SWYGERT, NELSON and CANBY, Circuit Judges.

SWYGERT, Senior Circuit Judge:

The Secretary of the Air Force ("Secretary") appeals from the district court's judgment, 559 F.Supp. 852, that the Secretary lacked a "basis in fact" to deny Dr. Audrey S. Koh's application for conscientious objector status. In Taylor v. Claytor, 601 F.2d 1102 (9th Cir.1979), we discussed the standard of judicial review of the military's denial of conscientious...

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