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ANDERSON v. MacKENZIE

No. 17988.

306 F.2d 248 (1962)

Kenneth Carl ANDERSON, Appellant, v. Colin J. MacKENZIE, Captain, United States Navy, Commanding Officer, U. S. Naval Station, Pearl Harbor, Appellee.

United States Court of Appeals Ninth Circuit.

August 1, 1962.

Attorney(s) appearing for the Case

Greenstein & Cowan, Hyman M. Greenstein, and Stuart M. Cowan, Honolulu, Hawaii, and Dunn, Hart, McDonald and Kaplan, by William B. Dunn and James T. McDonald, San Francisco, Cal., for appellant.

Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Alan S. Rosenthal, Sherman L. Cohn, Attys., Dept. of Justice, Washington, D. C., and Herman T. F. Lum, U. S. Atty., Honolulu, Hawaii, for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and WALSH, District Judge.

JAMES A. WALSH, District Judge.

Appellant enlisted in the United States Navy in 1958. He is stationed presently at the United States Naval Station, Pearl Harbor, Hawaii, and his enlistment will expire in October, 1962. During the period of his naval service, he has accumulated a disciplinary record which includes non-judicial punishment received on five separate occasions and three separate special courts martial, each of which resulted in appellant's conviction and...

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