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STOCK v. DEPARTMENT OF THE AIR FORCE

No. 6173.

186 F.2d 968 (1950)

STOCK v. DEPARTMENT OF THE AIR FORCE et al.

United States Court of Appeals Fourth Circuit.

Decided December 28, 1950.

Attorney(s) appearing for the Case

H. Guy Hardy, Cleveland, Ohio (William W. Koontz, Alexandria, Va., on the brief), for appellant.

Edward H. Hickey, Atty., Department of Justice, Washington, D. C. (Newell A. Clapp, Acting Asst. Atty. Gen., George R. Humrickhouse, U. S. Atty., Richmond, Va., Eugene T. Maher, Atty., Department of Justice, Washington, D. C., and Walter Kiechel, Jr., Major, USAF, Office of the Judge Advocate General, on the brief), for appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

Major Philip A. Stock, an officer in the United States Army Air Force in World War II sought an injunction restraining the execution of a court martial sentence that he be dismissed from the service and that he forfeit all pay and allowances to become due after the date of the order directing execution of the sentence. The application for a stay of execution of the sentence was grounded on the contention that a court martial sentence of dismissal...

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