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MILTON v. COMMANDING GENERAL

No. C-70 368.

316 F.Supp. 405 (1970)

Roy H. MILTON, Petitioner, v. COMMANDING GENERAL, etc., et al., Respondents.

United States District Court, N. D. California.

June 4, 1970.

Attorney(s) appearing for the Case

Clark A. Barrett, San Mateo, Cal., for petitioner.

U. S. Atty. James L. Browning, Jr., Asst. U. S. Atty. Richard F. Locke, for respondents.

ORDER GRANTING WRIT OF HABEAS CORPUS

WOLLENBERG, District Judge.

Roy Milton enlisted in the California National Guard in 1965. He subsequently became a Jehovah's Witness and became convinced that military service was incompatible with his beliefs. He has since made three attempts to be released from service, but has yet to be accorded a decision on the merits of his claim.

His first application for discharge was made through his National Guard unit...

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