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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.

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