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UNITED STATES v. SMITH

No. 11475.

157 F.2d 520 (1946)

UNITED STATES of America ex rel. Melvin PERLYNSKY, Appellant, v. Col. Harry E. SMITH, Commanding Officer, 144th Regiment, Infantry Replacement Training Center, Camp Rucker, Ala., et al., Appellees.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1946.

Attorney(s) appearing for the Case

Bernard Lobman, of Montgomery, Ala., and Solomon Badesch, of New York City, for appellant.

Hartwell Davis, Asst. U. S. Atty., of Montgomery, Ala., and Reid B. Barnes, Major, J. A. G. D., Hdq., Fourth Service Command, of Atlanta, Ga., for appellees.

Before HOLMES, McCORD, and LEE, Circuit Judges.

PER CURIAM.

The motion to dismiss is overruled and the judgment...

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