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WATSON v. GEREN

Docket No. 07-2563-pr.

569 F.3d 115 (2009)

Timothy D. WATSON, Petitioner-Appellee, v. Pete GEREN, Secretary of the Army, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 25, 2009.

Attorney(s) appearing for the Case

Raymond J. Toney, New York, NY, for Petitioner-Appellee Timothy D. Watson.

Joshua Waldman, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Anthony J. Steinmeyer, Attorney, Benton J. Campbell, United States Attorney for the Eastern District of New York, and Gregory G. Katsas, Acting Assistant Attorney General, of counsel), for Respondent-Appellant.

Arthur Eisenberg, Palyn Hung, and Deborah Karpatkin, New York, NY, and J.E. McNeil and Daniel O'Connor, Washington, DC, for the Center on Conscience & War and the New York Civil Liberties Union as amici curiae in support of Petitioner-Appellee.

Before McLAUGHLIN, CALABRESI, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

We are called upon to review a matter involving a doctor's application for discharge from the Army as a conscientious objector. Respondent-Appellant Pete Geren, Secretary of the Army (hereinafter, "the Army"), appeals from a judgment of the United States District Court for the Eastern District of New York (Nina Gershon, Judge), granting Petitioner-Appellee Dr. Timothy Watson's petition for a writ of habeas corpus. Watson applied for...

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