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HARMON v. BRUCKER

No. 80.

355 U.S. 579 (1958)

HARMON v. BRUCKER, SECRETARY OF THE ARMY.

Supreme Court of United States.

Decided March 3, 1958.

Attorney(s) appearing for the Case

David I. Shapiro argued the cause and filed a brief for petitioner in No. 80.

Victor Rabinowitz argued the cause for petitioner in No. 141. With him on the brief was Leonard B. Boudin.

Donald B. MacGuineas argued the cause for respondent. On the brief were Solicitor General Rankin, Assistant Attorney General Doub, Samuel D. Slade, B. Jenkins Middleton and George W. Hickman, Jr., Judge Advocate General of the Army.

Briefs of amici curiae were filed by Carl Rachlin for the Workers Defense League in No. 80, and Ben Margolis and John T. McTernan for the Servicemen's Defense Committee in Nos. 80 and 141.

PER CURIAM.

The Secretary of the Army, relying upon 10 U. S. C. § 652a (Act of June 4, 1920, § 1, subch. II, 41 Stat. 809, as amended) and 38 U. S. C. § 693h (Act of June 22, 1944, 58 Stat. 286, as amended), and upon Department of Defense and Army Regulations deemed to be authorized by those statutes, discharged petitioners from the Army and issued to each of them a discharge certificate in form other than "honorable." In so doing, he took into account...

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