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REDWINE v. ZUCKERT

No. 17203.

317 F.2d 336 (1963)

Thomas L. REDWINE, Appellant, v. Eugene M. ZUCKERT, Secretary of the Air Force, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Mr. Samuel L. Phillips, Washington, D. C., for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Mrs. Ellen Lee Park, Asst. U. S. Attys., were on the brief, for appellee. Mr. Nathan J. Paulson, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

The District Court granted appellee's motion for summary judgment in appellant's suit for declaratory relief from his "undesirable discharge" from the United States Air Force.

While on "remote duty" in Alaska as a member of the United States Air Force, appellant pleaded guilty to a civilian charge of burglary for which he was sentenced to prison for two and one-half years. Thereafter, and without hearing, the Air Force issued an "undesirable discharge...

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