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KOSTER v. SHARP

Civ. A. No. 69-1242.

303 F.Supp. 837 (1969)

John William KOSTER v. Captain George J. SHARP, U.S.N., Commanding Officer Naval Station, Philadelphia, Pennsylvania, John H. Chafee, Secretary of the Navy, Washington, D. C., Melvin Laird, Secretary of Defense, Washington, D. C.

United States District Court E. D. Pennsylvania.

August 29, 1969.

Attorney(s) appearing for the Case

Benjamin Lerner, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for petitioner.

Victor Wright, Asst. U. S. Atty., Philadelphia, Pa., for respondents.

OPINION

MASTERSON, District Judge.

This case raises the issue of whether an enlisted member of the United States Navy may be granted a Writ of Habeas Corpus on the ground that his Naval superiors improperly denied his request for a discharge from military service on the basis of conscientious objection to war.

Since 1962 the Department of Defense has provided a procedure whereby servicemen who become conscientious objectors after their induction...

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