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McFARLAND v. ZUPPANN

No. 233.

82 F.Supp. 526 (1949)

McFARLAND v. ZUPPANN.

United States District Court M. D. Pennsylvania.

February 18, 1949.

Attorney(s) appearing for the Case

John McIlhenny Smith and Mark T. Milnor, both of Harrisburg, Pa., for petitioner.

Charles W. Kalp, Asst. U. S. Atty., of Lewisburg, Pa., and Lt. Col. Donald P. MacArthur, Office of the Judge Advocate General, of Washington, D. C., for respondent.

FOLLMER, District Judge.

Petitioner was convicted by a General Court-Martial convened at Fort George G. Meade, Maryland, and sentenced October 17, 1946, for offenses, Violation Articles of War 63, 64, and 96, 10 U.S.C.A. §§ 1535, 1536, 1568, charged as having occurred on August 10, 1946. His contention is that the General Court-Martial did not have jurisdiction in that "he was not a legal bona fide member of the Armed Forces of the United States at said...

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