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MORRISON v. UNITED STATES

40 F.2d 286 (1930)

MORRISON v. UNITED STATES.

District Court, S. D. New York.

April 15, 1930.

Attorney(s) appearing for the Case

Gerald Donovan, of New York City (Francis G. Hoyt, of New York City, of counsel), for claimant.

Charles H. Tuttle, of New York City (George B. Schoonmaker, of New York City, of counsel), for the United States.

FRANK J. COLEMAN, District Judge.

On September 12, 1922, the claimant who was a petty naval officer with the rating of machinist's mate, first class, was discharged as undesirable without a court-martial, and merely by the action of his commanding officer taken under the direction of the Bureau of Navigation. At that time there was in effect the Act of July 1, 1922 (42 Stat. 800), which provided in part: "That enlisted men who have served for more than twelve but...

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