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HANNA v. SECRETARY OF THE ARMY

No. 07-1090.

513 F.3d 4 (2008)

Mary HANNA, M.D., Petitioner, Appellee, v. SECRETARY OF THE ARMY and Commander, 94th Regional Readiness Command, Fort Devens, Massachusetts, Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided January 9, 2008.

Attorney(s) appearing for the Case

Mark T. Quinlivan, Assistant United States Attorney, with whom Anita Johnson, Assistant U.S. Attorney, and Michael J. Sullivan, United States Attorney were on brief, for appellant.

Louis P. Font, with whom Gale L. Glazer and Font & Glazer were on brief, for appellees.

Before BOUDIN, Chief. Judge, TORRUELLA, Circuit Judge, and SCHWARZER, District Judge.

SCHWARZER, District Judge.

Captain Mary Hanna sought discharge from the Army as a conscientious objector. The Department of the Army Conscientious Objector Review Board ("DACORB") denied Hanna's application. Hanna then petitioned the district court for a writ of habeas corpus which the court granted, holding that there was no basis in fact for the DACORB's decision. Hanna. v. Sec'y of the U.S. Army, 2006 WL 2925268 ...

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