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MILLER v. LAIRD

No. C-70 328.

318 F.Supp. 1401 (1970)

James Andrew MILLER, Plaintiff and Petitioner, v. Melvin LAIRD, as Secretary of Defense, et al., Defendants and Respondents.

United States District Court, N. D. California.

April 28, 1970.

Attorney(s) appearing for the Case

Joseph Morozumi, Oakland, Cal., for plaintiff and petitioner.

James L. Browning, Jr., U. S. Atty., Jerry K. Cimmet, Asst. U. S. Atty., San Francisco, Cal., for defendants and respondents.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND DISCHARGING PETITIONER FROM CUSTODY.

ZIRPOLI, District Judge.

Petitioner raises a myriad of claims. He argues that the Army had no basis in fact for denying his claim for discharge as a conscientious objector; that he was denied due process because he had to wait almost two years to have his application processed; that he was denied due process because the...

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