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McELROY v. GUAGLIARDO

No. 21.

361 U.S. 281 (1960)

McELROY, SECRETARY OF DEFENSE, ET AL. v. UNITED STATES EX REL. GUAGLIARDO.

Supreme Court of United States.

Decided January 18, 1960.

Attorney(s) appearing for the Case

Oscar H. Davis argued the cause for petitioners in No. 21. On the briefs were Solicitor General Rankin, Assistant Attorney General White, Acting Assistant Attorney General Ryan, Harold H. Greene, William A. Kehoe, Jr., Peter S. Wondolowski, William M. Burch II and D. Robert Owen.

Frederick Bernays Wiener argued the cause for petitioner in No. 37. With him on the brief was Arthur John Keeffe.

Michael A. Schuchat argued the cause and filed a brief for respondent in No. 21.

Harold H. Greene argued the cause for respondent in No. 37. With him on the briefs were Solicitor General Rankin, Assistant Attorney General White, Acting Assistant Attorney General Ryan, William A. Kehoe, Jr., D. Robert Owen and John M. Raymond.

MR. JUSTICE CLARK delivered the opinion of the Court.

These are companion cases to No. 22, Kinsella v. Singleton, ante, p. 234, and No. 58, Grisham v. Hagan, ante, p. 278, both decided today. All the cases involve the application of Article 2 (11)1 of the Uniform Code of Military Justice. Here its application to noncapital offenses committed by civilian employees of the armed forces while stationed overseas...

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