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SMITH v. RESOR

Nos. 26272, 26647.

456 F.2d 1109 (1972)

Kenneth H. SMITH et al., Plaintiffs-Appellants, v. Stanley S. RESOR et al., Defendants-Appellees. Kenneth H. SMITH et al., Plaintiffs-Appellees, v. Stanley S. RESOR et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 14, 1972.

Attorney(s) appearing for the Case

Donald A. Jelinek, William Samsel, Berkeley, Cal., for Kenneth H. Smith, and others.

Robert L. Browning, U. S. Atty., San Francisco, Cal., for defendants-appellees Stanley S. Resor, and others.

Stanley J. Friedman, of Herzstein, Maier, Friedman & Lippett, San Francisco, Cal., for amicus curiae.

James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellants Stanley S. Resor, and others.

Before HAMLIN and MERRILL, Circuit Judges, and GRAY, District Judge.

PER CURIAM:

No. 26,272 is an appeal from a decision of the United States District Court for the Northern District of California dismissing the complaint filed by certain of the plaintiffs for injunctive and declaratory relief. Appellants contend that the Army Regulation AR 635-20 prohibiting the filing of applications for discharge based on conscientious objection at Overseas Replacement Centers is in violation of their rights under the Fifth and Sixth Amendments...

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