UNITED STATES EX REL. TOTH v. QUARLES

No. 3.

350 U.S. 11 (1955)

UNITED STATES EX REL. TOTH v. QUARLES, SECRETARY OF THE AIR FORCE.

Supreme Court of United States.

Restored to docket for reargument June 6, 1955.

Reargued October 13, 1955.

Decided November 7, 1955.


Attorney(s) appearing for the Case

William A. Kehoe, Jr. argued the cause for petitioner. With him on the briefs were Al. Philip Kane, Charles V. Koons, John J. McGrath, Peter F. Flaherty, Joseph H. Ridge, James F. Smith and L. Pat McGrath.

Solicitor General Sobeloff argued the cause for respondent on the reargument, and Marvin E. Frankel on the original argument. With them on the brief on the original argument were Assistant Attorney General Olney, Beatrice Rosenberg, Carl H. Imlay and Chester W. Wilson. With them on the brief on the reargument was Mr. Olney.

Ralph B. Gregg filed a brief for the American Legion, as amicus curiae, urging reversal.


MR. JUSTICE BLACK delivered the opinion of the Court.

After serving with the United States Air Force in Korea, Robert W. Toth was honorably discharged. He returned to his home in Pittsburgh and went to work in a steel plant. Five months later he was arrested by military authorities on charges of murder and conspiracy to commit murder while an airman in Korea.1 At the time of arrest he had no relationship...

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