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SHIRER v. HACKEL

No. C-70 1028.

330 F.Supp. 369 (1970)

Melvin L. SHIRER, Petitioner, v. Capt. James G. HACKEL, etc., et al., Defendants.

United States District Court, N. D. California.

August 12, 1970.

Attorney(s) appearing for the Case

Donald A. Jelinek, William Samsel, Berkeley, Cal., for petitioner.

James L. Browning, U. S. Atty., San Francisco, Cal., with Richard F. Locke, Asst. U. S. Atty., for defendants.

ORDER GRANTING WRIT OF HABEAS CORPUS

WOLLENBERG, District Judge.

Petitioner is presently serving in the United States Army, from which service he seeks discharge on the grounds that there was no basis in fact for the Army's denial of his application for conscientious objector status, made under AR 635-20.

Petitioner was inducted in April, 1969. He was alerted for overseas assignment to the Republic of South Vietnam in early January, 1970. He applied...

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