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HEATH v. DREW

Civ. A. No. 70-1248.

316 F.Supp. 537 (1970)

Joseph J. HEATH, Petitioner, v. Captain John DREW, Commanding Officer, Naval Station, Philadelphia, Pennsylvania, John H. Chafee, Secretary of the Navy, Washington, D. C., Melvin Laird, Secretary of Defense, Washington, D. C., Captain G. B. Riefler, Commanding Officer of the USS Sea Leopard, Rear Admiral Kenneth L. Veth, Commander, 4th Naval District.

United States District Court, E. D. Pennsylvania.

July 10, 1970.

Attorney(s) appearing for the Case

Sanford Kahn, Philadelphia, Pa., for petitioner.

Barry W. Kerchner, Asst. U. S. Atty., Louis C. Bechtle, U. S. Atty., for respondent.

FINDINGS OF FACT

HIGGINBOTHAM, District Judge.

1. The petitioner is an Ensign in the United States Navy stationed in Philadelphia.

2. Respondents are the civilian and military officials who have custody of the person of the petitioner and who exercise control over him pursuant to their authority under law.

3. On March 12, 1970, petitioner applied for discharge as a conscientious objector (hereinafter called "C.O.") pursuant to Naval regulations...

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