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COVINGTON v. SCHWARTZ

No. 41902.

230 F.Supp. 249 (1964)

Napoleon COVINGTON, Plaintiff, v. J. W. SCHWARTZ, individually and as Commanding General of U. S. Army Letterman General Hospital, Frederic J. Brown, individually and as Commanding General of Sixth United States Army, Cyrus Vance, individually and as Secretary of the U. S. Army, Defendants.

United States District Court N. D. California, S. D.

June 4, 1964.

Attorney(s) appearing for the Case

James P. Preovolos, San Francisco, Cal., for plaintiff.

Cecil F. Poole, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendants.

HARRIS, Chief Judge.

Plaintiff, a Sergeant in the United States Army who was about to receive an undesirable discharge, instituted this action for a Declaratory Judgment under 28 U.S.C.A. §§ 2201 and 2202 and 5 U.S. C.A. § 1009 of the Administrative Procedure Act. He has alleged that the Board of Officers which was convened to try him for certain offenses and which authorized his discharge under color of Army Regulations 635-89 and 15-6, acted in an...

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