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COX v. UNITED STATES

No. 31433.

112 F.Supp. 494 (1953)

COX v. UNITED STATES.

United States District Court N. D. California, S. D.

May 20, 1953.

Attorney(s) appearing for the Case

Victor E. Cappa, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., Oakland, Cal. and Fredrick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for defendant.

ROCHE, Chief Judge.

This is an action for damages for false imprisonment. Plaintiff was convicted of desertion by an Army Court Martial on June 10, 1949, and this conviction was disapproved by a reviewing officer five days later. At no time subsequent was he retried by an Army Court Martial for desertion. Basically, the controversy resolves itself into three questions:

(a) Has this court jurisdiction to hear and determine the issues herein in view of the...

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