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HAGER v. SECRETARY OF AIR FORCE

No. 91-1103.

938 F.2d 1449 (1991)

Gilbert P. HAGER, M.D., etc., Petitioner, Appellant, v. SECRETARY OF the AIR FORCE and Commanding General, Hanscom Air Force Base, Massachusetts, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 18, 1991.

As Amended July 25, 1991.

Attorney(s) appearing for the Case

Peter A. Fenn with whom Melinda Drew and Fenn and King, were on brief, Jamaica Plain, Mass., for petitioner, appellant.

Annette Forde, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, Boston, Mass., for respondents, appellees.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BOWNES, Senior Circuit Judge.

Petitioner-appellant Gilbert P. Hager, M.D., a captain in the United States Air Force, appeals from the district court's denial of his petition for a writ of habeas corpus seeking discharge from the Air Force on the ground that he is a conscientious objector. Dr. Hager had petitioned for the writ after respondent-appellee, the Secretary of the Air Force ("the Secretary"), denied his application for conscientious objector status.

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