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UNITED STATES EX REL. LOHMEYER v. LAIRD

Civ. A. No. 20719.

318 F.Supp. 94 (1970)

UNITED STATES of America ex rel. Richard R. LOHMEYER v. Hon. Melvin LAIRD, Secretary of Defense, Hon. Stanley Resor, Secretary of the Army, Major General K. G. Wickham, Adjutant General of the Army, and Lieutenant General Jonathan O. Seaman, Commander, 1st U. S. Army, Fort Meade, Maryland.

United States District Court, D. Maryland.

May 20, 1970.

Attorney(s) appearing for the Case

Elsbeth Levy Bothe, Baltimore, Md., for petitioner; Gaillard T. Hunt, New York City, of counsel.

Stephen H. Sachs, U. S. Atty., and Alan I. Baron, Asst. U. S. Atty., D. Maryland, Baltimore, Md., for respondents.

WATKINS, District Judge.

Petitioner, a member of the United States Army, brings this action seeking a writ of habeas corpus and relief in the nature of mandamus, the effect of which would be, if the relief prayed were granted, his discharge from the army as a conscientious objector. The respondents have filed a motion to dismiss asserting that: (1) This court lacks jurisdiction over the subject matter, (2) the petitioner is not confined within the territorial jurisdiction...

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