United States v. Resor

459 F.2d 1046

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 1, 1972
• Docket: 71-3278
• Status: Published

Opinion

459 F.2d 1046

UNITED STATES of America ex rel. John Joseph McGRADY, SSAN
054-36-3426, United States Army, Fort Gordon,
Georgia, Petitioner-Appellee,
v.
Stanley RESOR, Secretary of the Army, and Major General John
C. F. Tillson, III, Commanding General, Fort
Gordon, Georgia, Respondents-Appellants.

No. 71-3278 Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

June 1, 1972.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

After an evidentiary hearing on a petition for habeas corpus release from the United States Army the District Court found that the denial of discharge to John Joseph McGrady as a conscientious objector was without basis in fact. The Secretary of the Army appeals.

The judgment of the District Court is affirmed. See Local Rule 21.1

* Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I

1 See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F. 2d 966