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APPLICATION OF TAVLOS

No. 28537.

429 F.2d 859 (1970)

Application of Dennis A. TAVLOS, Appellant, for a Writ of Habeas Corpus.

United States Court of Appeals, Fifth Circuit.

July 13, 1970.

Attorney(s) appearing for the Case

Mark F. Howell, El Paso, Tex., for appellant.

Romualdo Cesar Caballero, Atty., U. S. Dept. of Justice, Tax Div., Criminal Section, Washington, D. C., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

This is an appeal from denial of a writ of habeas corpus by the District Court. The Army refused the application of petitioner, Dennis Tavlos, for separation as a conscientious objector. He applied to the District Court for the writ. It denied relief and Tavlos appealed. We reverse.

Tavlos was commissioned as a second lieutenant upon completion of his college R.O.T.C. program in January, 1968. In June, 1968 he began active duty at Ft...

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