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GENTILA v. PACE

No. 10839.

193 F.2d 924 (1951)

GENTILA v. PACE, Secretary of the Army.

United States Court of Appeals District of Columbia Circuit.

Decided November 23, 1951.

Writ of Certiorari Denied March 3, 1952.

Attorney(s) appearing for the Case

Cornelius H. Doherty, Washington, D. C., for appellant.

David Orlikoff, Washington, D. C., Attorney, Department of Justice, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Acting Asst. Atty. Gen. Newell A. Clapp and George Morris Fay, U. S. Atty. at the time the brief was filed, both of Washington, D. C., were on the brief, for appellee.

Thomas E. Walsh, Attorney, Department of Justice, Charles M. Irelan, appointed U. S. Atty. subsequent to the argument in this case, and Joseph M. Howard, Asst. U. S. Atty., all of Washington, D. C., also entered appearances for appellee.

Before EDGERTON, BAZELON, and FAHY, Circuit Judges.

Writ of Certiorari Denied March 3, 1952. See 72 S.Ct. 556.

EDGERTON, Circuit Judge.

Appellant's complaint filed by his mother as next friend, for a mandatory injunction against the Secretary of the Army makes these assertions:

Appellant was inducted into the army in 1942. He went absent without leave in 1943 and returned to duty in 1944. He was then given a dishonorable discharge under a medical officer's diagnosis, "the record indicating a mental...

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