LONGERNECKER v. HIGLEY

No. 12568.

229 F.2d 27 (1955)

Raymond W. LONGERNECKER, Appellant, v. Harvey V. HIGLEY, Administrator, Veterans Administration, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 22, 1955.


Attorney(s) appearing for the Case

Mr. Richard H. Nicolaides, Washington, D. C., (appointed by the District Court) for appellant.

Mr. John G. Laughlin, Atty., Department of Justice, with whom Asst. Atty. Gen. Warren E. Burger, Mr. Leo A. Rover, U. S. Atty., and Mr. Paul A. Sweeney, Atty., Dept. of Justice, were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.


PRETTYMAN, Circuit Judge.

Our appellant, Longernecker, brought an action in the District Court, praying the court to declare that certain actions of the Administrator of the Veterans Administration were without authority and contrary to law. He had been in the United States Army and, subsequent to a summary court-martial, had been issued a discharge certificate, technically W. D. A. G. O. Form 56, known colloquially as a "blue" discharge. This certificate signified...

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