Noyd v. McNamara, No. 9440.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtPER CURIAM
Citation378 F.2d 538
PartiesCaptain Dale E. NOYD, FR 28084, Appellant, v. Honorable Robert S. McNAMARA, Secretary of Defense, Honorable Harold W. Brown, Secretary of the Air Force, General John P. McConnell, Chief of Staff, United States Air Force, Lieutenant General Thomas S. Moorman, Superintendent, United States Air Force Academy, Major General G. B. Greene, Jr., Assistant Deputy Chief of Staff/Personnel for Military Personnel, United States Air Force, Lieutenant General Lewis B. Hershey, National Director, Selective Service System, Colonel John E. Horne, Deputy Chief of Staff, Personnel, United States Air Force Academy, Colonel Henry E. Wojdyla, Head, Department of Psychology and Leadership, United States Air Force Academy, Brigadier General Robert McDermott, Dean of Faculty, United States Air Force Academy, Appellees.
Decision Date16 May 1967
Docket NumberNo. 9440.

378 F.2d 538 (1967)

Captain Dale E. NOYD, FR 28084, Appellant,
v.
Honorable Robert S. McNAMARA, Secretary of Defense, Honorable Harold W. Brown, Secretary of the Air Force, General John P. McConnell, Chief of Staff, United States Air Force, Lieutenant General Thomas S. Moorman, Superintendent, United States Air Force Academy, Major General G. B. Greene, Jr., Assistant Deputy Chief of Staff/Personnel for Military Personnel, United States Air Force, Lieutenant General Lewis B. Hershey, National Director, Selective Service System, Colonel John E. Horne, Deputy Chief of Staff, Personnel, United States Air Force Academy, Colonel Henry E. Wojdyla, Head, Department of Psychology and Leadership, United States Air Force Academy, Brigadier General Robert McDermott, Dean of Faculty, United States Air Force Academy, Appellees.

No. 9440.

United States Court of Appeals Tenth Circuit.

May 16, 1967.


378 F.2d 539

Marvin M. Karpatkin, New York City, (John de J. Pemberton, Jr., Rochester, Minn., American Civil Liberties Union, William F. Reynard, Denver, Colo., Norman Dorsen, and Ernest Angell, Melvin L. Wulf, Eleanor H. Norton and Rhoda H. Karpatkin, New York City, of counsel, were with him on the brief), for appellant.

C. Westbrook Murphy, Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., Morton Hollander and Harland F. Leathers, Dept. of Justice, were with him on the brief), for appellees.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

PER CURIAM.

This appeal is taken from a judgment of the District Court for the District of Colorado denying to appellant declaratory and injunctive relief and relief by writ of mandamus or habeas corpus in appellant's efforts to establish his present status as a conscientious objector and require the United States Air Force to assign him to duty consistent with appellant's subjective conscience or to accept his resignation as a commissioned officer. Appellant has served as a regularly commissioned officer for over eleven years and his sincerity in advancing his present contentions is not questioned for the purposes of this case. In brief summary, appellant asserts that since the initiation of his voluntary military service he has become a conscientious objector to wars of aggression, particularly to the Vietnam conflict, that he is about to be assigned duty inconsistent with his conscience in such regard, that he has exhausted his administrative remedies, and that, absent judicial...

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52 practice notes
  • Curran v. Laird, No. 21040.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 12, 1969
    ...registrants who have been inducted. See Orloff v. Willoughby, 345 U.S. 83, 92-95, 73 S.Ct. 534, 97 L.Ed. 842 (1953); Noyd v. McNamara, 378 F.2d 538 (10th Cir.), cert. denied 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967); McAbee v. Martinez, 291 F.Supp. 77 (D.Md. 1968), where the court ......
  • Craycroft v. Ferrall, No. 22582
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 5, 1969
    ...191 (N.D.Cal. 1968); Crane v. Hedrick, 284 F.Supp. 250 (N.D.Cal.1968). But see Noyd v. McNamara, 267 F.Supp. 701 (D.Colo.), affirmed, 378 F.2d 538 (10th Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967). We need not reach the Government's contention in this case that m......
  • Hammond v. Lenfest, No. 461
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 10, 1968
    ...had failed to exhaust his available administrative and military remedies, citing Noyd v. McNamara, 267 F.Supp. 701 (D.Colo.), aff'd, 378 F.2d 538 (10th Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967). On this appeal, the government urges an additional ground for affi......
  • Anderson v. Laird, No. 24617.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1972
    ...Navy, supra note 10, 422 F.2d 934; United States ex rel. Schonbrun v. Commanding Officer, supra note 10, 403 F.2d 371; Noyd v. McNamara, 378 F.2d 538 (10th Cir. 1967); Luftig v. McNamara, 126 U.S.App.D.C. 4, 373 F.2d 664 cert. denied, 387 U.S. 945, 87 S.Ct. 2078, 18 L.Ed.2d 1332 72 Fox v. B......
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52 cases
  • Curran v. Laird, No. 21040.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 12, 1969
    ...registrants who have been inducted. See Orloff v. Willoughby, 345 U.S. 83, 92-95, 73 S.Ct. 534, 97 L.Ed. 842 (1953); Noyd v. McNamara, 378 F.2d 538 (10th Cir.), cert. denied 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967); McAbee v. Martinez, 291 F.Supp. 77 (D.Md. 1968), where the court ......
  • Craycroft v. Ferrall, No. 22582
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 5, 1969
    ...191 (N.D.Cal. 1968); Crane v. Hedrick, 284 F.Supp. 250 (N.D.Cal.1968). But see Noyd v. McNamara, 267 F.Supp. 701 (D.Colo.), affirmed, 378 F.2d 538 (10th Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967). We need not reach the Government's contention in this case that m......
  • Hammond v. Lenfest, No. 461
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 10, 1968
    ...had failed to exhaust his available administrative and military remedies, citing Noyd v. McNamara, 267 F.Supp. 701 (D.Colo.), aff'd, 378 F.2d 538 (10th Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967). On this appeal, the government urges an additional ground for affi......
  • Anderson v. Laird, No. 24617.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1972
    ...Navy, supra note 10, 422 F.2d 934; United States ex rel. Schonbrun v. Commanding Officer, supra note 10, 403 F.2d 371; Noyd v. McNamara, 378 F.2d 538 (10th Cir. 1967); Luftig v. McNamara, 126 U.S.App.D.C. 4, 373 F.2d 664 cert. denied, 387 U.S. 945, 87 S.Ct. 2078, 18 L.Ed.2d 1332 72 Fox v. B......
  • Request a trial to view additional results

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