Legal Opinion

Willard C. Dietrich v. Captain G. L. Tarleton, Commander, Anacostia Naval Station

Court of Appeals for the D.C. Circuit

Decided November 29, 1972No. 71-1776PublishedCited by 10 opinions

1Opinion of the Court

LEVENTHAL, Circuit Judge:

This is an appeal by the Commander of the Anacostia Naval Station, Washington, D.C., from an order issuing a writ of habeas corpus directing that he discharge the petitioner-appellee from service in the United States Navy.

The central legal issue is whether there was a “basis in fact” for the denial of the application of petitionerappellee for discharge from the Navy as a conscientious objector. 1 The District Court held that there was no such basis in fact since the Navy’s decision relied on the invalid reason that appellee’s enlistment in the Navy was inconsistent…

2Cases cited12 opinions

  1. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
  2. Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967
  3. National Labor Relations Board v. Reed & Prince Mfg. Co.Court of Appeals for the First Circuit · 1953
  4. Clay v. United StatesSupreme Court of the United States · 1971
  5. John E. Bates v. Commander, First Coast Guard DistrictCourt of Appeals for the First Circuit · 1969

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Liberty v. Police & Firemen's Retirement & Relief BoardDistrict of Columbia Court of Appeals · 1979
  2. Michael B. Shaffer v. Hon. James R. Schlesinger, Secretary of DefenseCourt of Appeals for the Third Circuit · 1976
  3. State Board of Physicians v. BernsteinCourt of Special Appeals of Maryland · 2006
  4. Ferrand v. SeamansCourt of Appeals for the Second Circuit · 1973
  5. D. T. Corp. v. District of Columbia Alcoholic Beverage Control BoardDistrict of Columbia Court of Appeals · 1979

5 more not listed; retrieve them via the Exa API.

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