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EMERSON v. McKEAN

Civ. A. No. 71-81.

322 F.Supp. 251 (1971)

Charles Ray EMERSON, Petitioner-Plaintiff, v. Colonel William A. McKEAN et al., Respondents-Defendants.

United States District Court, N. D. Alabama, E. D.

February 11, 1971.

Attorney(s) appearing for the Case

Drake & Knowles, University, Ala., for petitioner-plaintiff.

Henry Frohsin, Asst. U. S. Atty., Birmingham, Ala., for respondents-defendants.

Memorandum of Decision

POINTER, District Judge.

On January 29, 1971, the petitioner, Charles Ray Emerson, filed an amended petition seeking a writ of habeas corpus to compel his discharge from the Army as a "conscientious objector" (hereafter sometimes referred to as a "C.O."). In response to a show cause order, his commanding officers at Fort McClellan, Alabama, filed an answer and a certified copy of the "file" which had been before the Department of the...

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