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KUBEL v. MINTON

No. 8008.

275 F.2d 789 (1960)

Richard E. KUBEL, Jr., Appellant, v. O. C. MINTON, Warden of the Federal Reformatory, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Charles W. Laughlin, Richmond, Va., for appellant.

Peter S. Wondolowski, Lieutenant Colonel, Washington, D. C., JAGC, Office of The Judge Advocate Gen. Dept. of the Army (Joseph S. Bambacus, U. S. Atty. and Cary L. Branch, Asst. U. S. Atty., Richmond, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and DALTON, District Judge.

DALTON, District Judge.

Richard E. Kubel, Jr., an American soldier, was tried by a duly constituted general court-martial sitting in Taegu, Korea, on June 19, 1951, on charges of stealing 80 blankets from the U. S. Government and selling them to a Korean national (in violation of the 94th and 84th Articles of War, 10 U.S.C. §§ 932, 908, respectively), and on the further charges of being absent without leave from his organization on two occasions in May of...

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