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OLENICK v. BRUCKER

No. 15177.

273 F.2d 819 (1959)

Monte M. OLENICK, Appellant, v. Wilbur M. BRUCKER, Secretary of the Department of the Army, Appellee.

United States Court of Appeals District of Columbia Circuit.

December 3, 1959.

Attorney(s) appearing for the Case

Mr. Victor Rabinowitz, 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. Leonard B. Boudin, New York City, was on the brief, for appellant.

Mr. George B. Searls, Atty., Dept. of Justice, with whom Miss Doris H. Spangenburg and Mr. Leo J. Michaloski, Attys., Dept. of Justice, were on the brief, for appellee. Messrs. Raymond A. Westcott and Kevin T. Maroney, Attys., Dept. of Justice, also entered appearances for appellee.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges, in Chambers.

PER CURIAM.

The above case came on for hearing, and was argued by counsel on the briefs and joint appendix.

At argument, it appeared that the record before this court does not include the text of any "approved findings of a board of officers," pursuant to § 1163(c) (1) of Title 10 of the United States Code, and that counsel do not know whether any such findings were in fact made. In particular, it is not clear whether, and if so how, the provisions of...

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