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DUNMAR v. AILES

No. 18997.

348 F.2d 51 (1965)

John H. DUNMAR, Appellant, v. Stephen AILES, Secretary of the Army, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 20, 1965.

Attorney(s) appearing for the Case

Mr. Paul R. Connolly, Washington, D. C., with whom Mr. James E. Murray, Washington, D. C., was on the brief, for appellant.

Mr. Jerome Nelson, 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 appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court dismissing Dunmar's complaint for lack of jurisdiction and alternatively granting Appellee's motion for summary judgment if jurisdiction exists. The effect of the District Court's order is to leave standing the action of Appellee as Secretary of the Army separating Appellant from the Corps of Cadets, U. S. Military Academy, for a violation of the Cadet Honor Code. Appellant alleged that the Secretary...

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