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HELWICK v. LAIRD

Civ. A. No. SA70CA128.

318 F.Supp. 878 (1970)

Private Michael Leonard HELWICK v. Melvin LAIRD as Secretary of Defense, Stanley Resor as Secretary of the Army, Major General George Ruhlen as Commanding General, Fort Sam Houston, Texas, and Colonel Charles Pixley as Commanding Officer of U. S. Army Medical Training Center, Fort Sam Houston, Texas, and Major Donald Conrad as Commanding Officer of Headquarters, Headquarters Company, Receiving and Holding Medical Training Center, Fort Sam Houston, Texas.

United States District Court, W. D. Texas, San Antonio Division.

On Reconsideration of Order Granting New Trial June 15, 1970.

Attorney(s) appearing for the Case

Maury Maverick, Jr., and Gerald H. Goldstein, San Antonio, Tex., for plaintiff.

Seagal V. Wheatley, U. S. Atty., and Hugh Patrick Shovlin, Asst. U. S. Atty., San Antonio, Tex., for defendants.

MEMORANDUM

SPEARS, Chief Judge.

Petitioner in this habeas corpus proceeding contends that he is unlawfully restrained and deprived of his liberty by the respondents, because the Department of the Army denied his request that he be discharged from the United States Army as a conscientious objector. He claims that he was disapproved as a conscientious objector for the following sole reason: "Applicant does not...

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