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BOLGER v. MARSHALL

No. 10807.

193 F.2d 37 (1951)

BOLGER v. MARSHALL, Secretary of National Defense, et al.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1951.

Attorney(s) appearing for the Case

H. Edward Chozick, Washington, D. C., for appellant.

David Orlikoff, Attorney, Department of Justice, Washington, D. C., of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom George Morris Fay, U. S. Atty., at the time the brief was filed, Washington, D. C., and Asst. Atty. Gen. Newell A. Clapp were on the brief, for appellees. Charles M. Irelan, appointed U. S. Atty. subsequent to the argument in this case, Washington, D. C., also entered an appearance for appellees.

Before PROCTOR, BAZELON and FAHY, Circuit Judges.

BAZELON, Circuit Judge.

Ruth F. Bolger, a former enlisted member of the Women's Army Corps, brings this appeal from an order of the District Court granting a motion to dismiss her complaint. The essential facts alleged in the complaint, and assumed to be true for purposes of the motion to dismiss are these: Appellant re-enlisted in the WAC on August 2, 1946, expecting an assignment to the European Theatre. Instead she was assigned to various places within the continental...

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