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UNITED STATES v. DERN

No. 6274.

74 F.2d 485 (1934)

UNITED STATES ex rel. GILLETT v. DERN, Secretary of War, et al.

United States Court of Appeals for the District of Columbia.

Decided December 3, 1934.

Attorney(s) appearing for the Case

Arthur Hellen, of Washington, D. C., for appellant.

Leslie C. Garnett, U. S. Atty., and H. L. Underwood, both of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

Petitioner is an officer in the National Guard of New York state. He served overseas in the 27th (New York) Division, A. E. F., was wounded in action, returned to duty with his unit while still overseas, and came back to the United States in command thereof. He was discharged from the United States Army April 1, 1919, with the rank of major of Infantry. In May, 1919, he was appointed and commissioned colonel in the New York National Guard...

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