BRATCHER
v.
LAIRD, SECRETARY OF DEFENSE, ET AL.

U.S. | 1970-03-16
No. 1391
397 U.S. 246 Supreme Court of the United States (1970) Positive Treatment
Cited by 4 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis is granted.

Upon consideration of the suggestion of the Solicitor General and upon an examination of the entire record, the petition for a writ of certiorari is granted, the judgment of the United States Court of Appeals for the Ninth Circuit is vacated, and the case is remanded to that court in order that it may consider whether it wishes to adhere to its decision in light of the contrary position now adopted by respondents. If it decides not to adhere to its former ruling, the Court of Appeals may then determine whether it would be appropriate to remand the case to the District Court.

Cases With Similar Vibessemantic neighbors from the corpus

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  • SP/4 A. R. Montgomery, IV v. Rumsfeld, 572 F.2d 250 (9th Cir. 1978)
    …of Naval Records disclaimed jurisdiction over such cases. Because of these events, the Supreme Court by per curiam order vacated and remanded the two cases. Craycroft v. Ferrall, 397 U.S. 335, 90 S.Ct. 1152, 25 L.Ed.2d 351 (1970); Bratcher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). But the government’s position in Memo No. 652, assuming it is stiil in force, affects only those seeking discharge from the armed forces as conscientious objectors. We do not read it as having any application t…
  • Bratcher v. McNAMARA, 448 F.2d 222 (9th Cir. 1971)
    …ration in light of a change of position by the government on the issue of exhaustion of administrative remedies in relation to servicemen seeking court relief from military duty on grounds of conscientious objection to such duty. Brat-cher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). Our original opinion is found at 415 F. 2d 760. Briefly re-stated, the record discloses that appellant Bratcher enlisted in the United States Army on January 23, 1966 without' prior indication of any conscienti…

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