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MICHAELSON v. HERREN

No. 131, Docket 24311.

242 F.2d 693 (1957)

Samuel T. MICHAELSON, Plaintiff-Appellant, v. Lt. General Thomas W. HERREN, individually and as Commanding General of the First Army, and as Post Commander, Fort Jay, Governors Island, New York 4, New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 13, 1957.

Attorney(s) appearing for the Case

Gene Ann Condon, New York City, for plaintiff-appellant.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City (Harold J. Raby, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The plaintiff is a sergeant first class in the United States Army. In his complaint he alleges that he first enlisted in September 1942; that he was honorably discharged on November 14, 1945; that he was recalled to active duty in September 1950; that he was again honorably discharged in June 1951 and the day thereafter returned to service as a warrant officer remaining in active duty until November 1954; and that on January 7, 1955 he again...

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