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EARLS v. RESOR

No. 70 Civ. 4823.

327 F.Supp. 354 (1970)

Felton J. EARLS III, Petitioner, v. Stanley R. RESOR, Secretary of the Army, Commanding Officer, U. S. Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, Commanding Officer, Brooke Army Medical Center, Fort Sam Houston, Texas, Respondents.

United States District Court, S. D. New York.

December 28, 1970.

Attorney(s) appearing for the Case

Kunstler, Kunstler & Hyman, New York City, for petitioner; Steven J. Hyman, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., New York City, for respondents; John F. McHugh, Asst. U. S. Atty., of counsel.

MEMORANDUM OPINION

LASKER, District Judge.

This case presents the question whether an Army reservist who submits an application for conscientious objector discharge subsequent to the receipt of his call-up order but prior to his actual activation date is entitled to have his application processed before, rather than after, his entry onto active duty.

Felton J. Earls III is a medical doctor holding the rank of Captain in the United States Army Reserve...

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