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DENBY v. BERRY

No. 47.

263 U.S. 29 (1923)

DENBY, SECRETARY OF THE NAVY OF THE UNITED STATES, v. BERRY.

Supreme Court of United States.

Decided November 12, 1923.

Attorney(s) appearing for the Case

Mr. George Ross Hull, with whom Mr. Solicitor General Beck, Mr. Rufus S. Day, Special Assistant to the Attorney General, and Mr. George Melling were on the brief, for plaintiff in error.

Mr. Daniel Thew Wright, with whom Mr. Philip Ershler was on the brief, for defendant in error.

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

This was a petition for mandamus filed in the Supreme Court of the District of Columbia by a member and officer of the Naval Reserve Force, as relator, to compel the Secretary of the Navy to revoke an order directing the release of the relator from active service in the Navy and to make an order sending him before a Retiring Board, with a view to his retirement by the President.

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