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COHEN v. LAIRD

Civ. A. No. 69-1085.

315 F.Supp. 1265 (1970)

Robert Jay COHEN, Stephen M. Gaydos, Calvin Clay Greene, III, Jose F. L. Medina, and Francisco Rivera Pomales, Petitioners, v. Melvin LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and Major General James F. Hollingsworth, Commanding General of Fort Jackson, South Carolina, Respondents.

United States District Court, D. South Carolina, Columbia Division.

June 26, 1970.

Attorney(s) appearing for the Case

Jack F. McGuinn, Columbia, S. C., for petitioners.

Joseph O. Rogers, Jr., U. S. Atty., and Charles W. Gambrell, Asst. U. S. Atty., Columbia, S. C., for respondents.

OPINION and ORDER

DONALD RUSSELL, District Judge.

By a single petition, the five petitioners filed this proceeding in habeas corpus to secure their discharge from the Army as conscientious objectors under Army Regulation 635-20.1 They contend both that the Army failed to follow its own regulations in denying their application and that it was without basis in fact for such denial. Under those circumstances, they took the position...

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