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BEARD v. STAHR

Civ. A. No. 3528-61.

200 F.Supp. 766 (1961)

J. B. BEARD, Plaintiff, v. Elvis J. STAHR, Jr., Secretary of the Army, Stephen Ailes, Under Secretary of the Army, and Major General Joe C. Lambert, The Adjutant General, United States Army, Defendants.

United States District Court District of Columbia.

December 15, 1961.

Attorney(s) appearing for the Case

Frederick Bernays Wiener, Washington, D. C., for plaintiff.

David C. Acheson, U. S. Atty., Joseph M. Hannon and Harold D. Rhynedance, Jr., Asst. U. S. Attys., Washington, D. C., for defendants.

Before BASTIAN, Circuit Judge, and PINE and HOLTZOFF, District Judges.

HOLTZOFF, District Judge.

This is an action brought by an officer of the regular Army against the Secretary of the Army, the Under Secretary and the Adjutant General, to enjoin them from removing him from the active list pursuant to elimination proceedings conducted under 10 U.S.C. § 3781 et seq., which established a procedure for dismissing officers of the regular Army on certain specified grounds. It is contended in behalf of the plaintiff that the statute...

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