SCHADL v. BOYER

Civil Action No. 3446.

56 F.Supp. 897 (1944)

SCHADL v. BOYER, Major, et al.

District Court, E. D. Pennsylvania.

January 19, 1944.


Attorney(s) appearing for the Case

Roper & Caldwell, of Philadelphia, Pa., for plaintiff.

Gerald A. Gleeson, U. S. Atty., and J. Barton Rettew, Jr., Asst. U. S. Atty., both of Philadelphia, Pa., for defendants.


KIRKPATRICK, District Judge.

A reading of the complaint shows that the acts complained of as having been committed by the defendant, Major Arthur J. Boyer, are alleged to have been done under the orders of the other defendant, Major General Allen W. Gullion, Provost Marshal General. The case is one in which it is not averred that the superior officer, by reason of the unconstitutionality of the statute under which the orders were given or for some other reason, is...

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