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BORTREE v. RESOR

No. 65-70.

316 F.Supp. 93 (1970)

Scott H. BORTREE, Petitioner, v. Stanley R. RESOR, Secretary of the Army, and Melvin Laird, Secretary of Defense, Respondents.

United States District Court, District of Columbia.

September 4, 1970.

Attorney(s) appearing for the Case

Lawrence Speiser, Washington, D. C., and Sanford Kahn, Philadelphia, Pa., for petitioner.

Thomas A. Flannery, U. S. Atty., Harold H. Titus, Jr., Principal Asst. U. S. Atty., and Oscar Altshuler and John T. Kotelly, Asst. U. S. Attys., Washington, D. C., for respondents.

OPINION

CURRAN, Chief Judge.

The petitioner, Scott H. Bortree, a private in the United States Army now stationed in Vietnam, filed a petition for writ of habeas corpus on May 15, 1970. He alleges that his detention in the Army is illegal in that the Army unlawfully denied his application for discharge by reason of being a conscientious objector.

Private Bortree voluntarily enlisted in the Army in March, 1969. He was then nineteen years old. He completed...

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