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UNITED STATES EX REL. TICE v. SEAMANS

No. 73 Civ. 1709.

362 F.Supp. 22 (1973)

UNITED STATES of America ex rel. Alan D. TICE, Petitioner, v. Robert C. SEAMANS, Jr., Secretary of the Air Force, et al., Respondents.

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

June 27, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for respondents; by Joseph P. Marro, New York City, of counsel.

Kunstler, Kunstler & Hyman, New York City, for petitioner; by Steven J. Hyman, New York City, of counsel.

GURFEIN, District Judge.

The petitioner is a physician, currently a resident in internal medicine at Bellevue Hospital and a First Lieutenant in the United States Air Force Medical Reserve. He petitions for a writ of habeas corpus, seeking discharge from the Armed Forces as a conscientious objector. Jurisdiction is alleged under 28 U. S.C. §§ 2241, 2242, 2243 (habeas corpus); 28 U.S.C. §§ 1331, 1332 (federal question); and 28 U.S.C. § 1361...

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