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ROBY v. U.S. DEPT. OF NAVY

No. 95-35377.

76 F.3d 1052 (1996)

Scott J. ROBY, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY, Secretary; Commanding Officer, U.S. Naval Nuclear Power Training Unit in Idaho Falls, Idaho, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Jeffrey Wood, York, Pennsylvania, for petitioner-appellant.

D. Marc Haws, Assistant United States Attorney, Boise, Idaho, for respondents-appellees.

Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Twenty-one years ago in Sanger v. Seamans, 507 F.2d 814 (9th Cir.1974), we remarked on the conflicting interests at stake when a person serving in the armed forces decides that he is conscientiously opposed to war:

[W]e must bear in mind that when a person enters into a contractual commitment with the government to serve his country, it is anticipated that he will fulfill his promise...

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