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ROBERTS v. VANCE

No. 17801.

343 F.2d 236 (1964)

Archibald E. ROBERTS, Appellant, v. Cyrus R. VANCE, Secretary of the Army, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1964.

Petition for Rehearing for Amendment of Opinion Denied October 30, 1964.

Attorney(s) appearing for the Case

Mr. Oliver Gasch, Washington, D. C., with whom Messrs. G. Bowdoin Craighill and Caesar L. Aiello, Washington, D. C., were on the brief, for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Joseph M. Hannon, Asst. U. S. Attys., were on the brief, for appellees.

Mr. Monroe H. Freedman, Washington, D. C., filed a brief on behalf of American Civil Liberties Union, as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

Petition for Rehearing or, in the Alternative, for Amendment of Opinion Denied October 30, 1964.

BAZELON, Chief Judge.

The appellant is an Army reserve officer with 18 years and 9 months of active federal service. The Secretary of the Army personally ordered him released from active duty after Major Roberts delivered an unauthorized speech to the Daughters of the American Revolution criticizing prominent public officials.1 Claiming...

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