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LAXER v. CUSHMAN

Misc. Civ. No. 69-28J.

300 F.Supp. 920 (1969)

Private Gregory G. LAXER, Petitioner, v. Brigadier General J. H. CUSHMAN, Commanding General, Fort Devens, Massachusetts; and Hon. Stanley Resor, Secretary of the Army, Respondents.

United States District Court D. Massachusetts.

June 19, 1969.

Attorney(s) appearing for the Case

Edward Rudnitsky, Boston, Mass., for petitioner.

Paul F. Markham, U. S. Atty., Stanislaw R. J. Suchecki, Asst. U. S. Atty., for respondents.

OPINION

JULIAN, District Judge.

Petitioner, a member of the United States Army in which he enlisted more than two years ago, brought this action seeking a writ of habeas corpus and various other declaratory, mandamus, and injunctive relief which, in effect, would result in his being discharged from the Army as a conscientious objector.

I.

At the time suit was filed on April 25, 1969, the petitioner was subject to military orders to report...

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