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SCHULTZ v. CLIFFORD

No. 4-68-Civ. 290.

303 F.Supp. 965 (1968)

Darwin Earl SCHULTZ, Petitioner, v. Honorable Clark CLIFFORD, Secretary of Defense, and the Commanding Officer of Fort Leonard Wood, Missouri, the Sheriff of Hennepin County, and the agent in charge of the office of the F. B. I. in Minneapolis, Minnesota, Respondents.

United States District Court D. Minnesota, Fourth Division.

October 22, 1968.

Attorney(s) appearing for the Case

Chester A. Bruvold, Minneapolis, Minn., for petitioner.

Neal J. Shapiro, Asst. U. S. Atty., Minneapolis, Minn., for respondents.

MEMORANDUM

LARSON, District Judge.

Petitioner enlisted in the Army National Guard of Minnesota on December 28, 1963. He served satisfactorily until February of 1967 when he decided that he could no longer participate in the required National Guard drills. This decision was based on petitioner's conscientious objection to killing and war. Petitioner has not participated in any National Guard activities since February of 1967.

On February 17, 1967...

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