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JACKSON v. McELROY

Civ. A. No. 5158-55.

163 F.Supp. 257 (1958)

Wade Mosby JACKSON, Plaintiff, v. Neil H. McELROY, Secretary of Defense, Defendant.

United States District Court District of Columbia.

June 9, 1958.

Attorney(s) appearing for the Case

Walter H. E. Jaeger and Edgar P. Reese, Washington, D. C., for plaintiff.

William R. Rafferty, Asst. U. S. Atty., for District of Columbia, Washington, D. C., for defendant.

CHRISTENSON, District Judge.

The plaintiff asks this Court to determine through declaratory judgment under 28 U.S.C. sec. 2201 that his sentence by general court-martial was invalid. The case turns upon whether the convening authority was an "accuser" as defined by section 1(11) of the Uniform Code of Military Justice, 50 U.S.C.A. sec. 551(11)*.

Now on the retired list but then an officer of the Fourth Marine Regiment of the Third...

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