HARMON v. BRUCKER

No. 13230.

243 F.2d 613 (1957)

John H. HARMON, III, Appellant, v. Wilber M. BRUCKER, Individually and as Secretary of the Department of the Army, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1957.

Writ of Certiorari Granted May 13, 1937.


Attorney(s) appearing for the Case

Mr. David I. Shapiro, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. James H. Heller, Washington, D. C., was on the brief, for appellant.

Mr. Donald B. MacGuineas, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George Cochran Doub, Mr. Oliver Gasch, U. S. Atty., and Messrs. Samuel D. Slade and Howard E. Shapiro, Attys., Dept. of Justice, were on the brief, for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.


Writ of Certiorari Granted May 13, 1937. See 77 S.Ct. 863.

PRETTYMAN, Circuit Judge.

John Henry Harmon, III, was inducted into the Army on October 31, 1952, under the Universal Military Training and Service Act.1 In May, 1953, some questions concerning membership in and relations with the Communist Party, and similar matters, were addressed to him by Army officials. He replied under oath, answering some questions and refusing to...

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