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ARLEN v. LAIRD

No. 71 Civ. 538.

345 F.Supp. 181 (1972)

Jeffrey M. ARLEN, M.D., Petitioner, v. Hon. Melvin LAIRD, Secretary of Defense, et al., Respondents.

United States District Court, S. D. New York.

July 21, 1972.

Attorney(s) appearing for the Case

Michael N. Pollet, New York City, for petitioner.

Whitney North Seymour, U. S. Atty., S. D. N. Y., by Joseph P. Marro, Sp. Asst. U. S. Atty., for respondents.

EDELSTEIN, Chief Judge.

OPINION

This is a petition for a writ of habeas corpus brought by a First Lieutenant in the Medical Corps, United States Army Reserve. Petitioner, Jeffrey M. Arlen, attacks the Army's denial of his application for conscientious objector status. The sole issue is whether there was any "basis in fact" to support the Army's determination.

At a hearing before this court, both parties agreed that the petition for the writ of habeas...

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