The following excerpt is from Frisby v. Larsen, 486 F.2d 244 (9th Cir. 1973):
This is an appeal from the district court's grant of a writ of habeas corpus to an in-service conscientious objector. Frisby v. Larsen (N.D.Cal.1971) 330 F. Supp. 545. The majority has sustained the action of the district court.
[486 F.2d 246]
Two principal questions are involved:
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