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DAVIS v. STAHR

No. 15992.

293 F.2d 860 (1961)

Neil F. DAVIS, Appellant, v. Elvis J. STAHR, Jr., Secretary of the Army of the United States, and individually, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 15, 1961.

Petition for Rehearing Denied August 1, 1961.

Attorney(s) appearing for the Case

Mr. Neil F. Davis, appellant pro se, submitted on the brief.

Messrs. Kevin T. Maroney and Samuel L. Strother, Attys., Dept. of Justice, submitted on the brief for appellee.

Before Mr. Justice REED, retired, WILBUR K. MILLER, Chief Judge, and WASHINGTON, Circuit Judge.

WASHINGTON, Circuit Judge.

This case, like Bland v. Connally, (1961) 110 U.S.App.D.C. 375, 293 F.2d 852, involves a discharge, less than honorable in form, issued to an inactive reservist after charges of subversive activity.

In 1950, appellant Davis was inducted into the United States Army as a draftee. Two years later he was honorably separated from active duty and transferred to the Ready Reserve of the Army. Although under...

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